Jammu & Kashmir High Court - Srinagar Bench
Mohtashem Billah Malik vs Union Of India And Ors on 3 November, 2022
Author: Sanjay Dhar
Bench: Sanjay Dhar
Sr. No. 30
Supplementary Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
LPA No. 216/2022
CM No. 6134/2022
Mohtashem Billah Malik ...Petitioner(s)/Appellant(s)
Through: Mr. Altaf Haqani, Sr. Advocate with Mr. Shakir Haqani, Advocate
along with appellant
Vs.
Union of India and Ors. ...Respondent(s)
Through: Mr. T. M. Shamsi, DSGI for 1
Mr. Ilyas Nazir Laway, GA vice Ms. Asifa Padroo, AAG for 2-5
Mr. Jahangir Rehbar, Advocate for 6, along with respondent No. 6
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
03.11.2022 In terms of order passed on 02.11.2022, we had asked Registrar Judicial of this Court to ensure presence of respondent No. 6, for ensuring amicable settlement between the parties for the welfare of the minor children, who are presently in the custody of respondent No. 6.
Respondent No. 6, on appearance when asked submits that there is no scope for settlement before this Court, as the matter stands already settled by the family Court at Duha, Qatar. She further submits that the custody of two minor children namely Malik Karim Billah and Malik Rahim Billah, aged 5 and 3 years respectively, has also been handed over to her by the said Court.
The endeavour of the Court to ensure some settlement has not reached to any conclusion. The concern of the appellant that respondent No. 6 will move away with the minors from India to some other destination is well countered by respondent No. 6, who submits that she is not going to leave India for the present and undertakes to be present before this Court on the next date of hearing. The appellant desired to at least have meeting with his children before the next date of hearing, which is not opposed by respondent No. 6.
In view of above, we issue notice and on asking waived by Mr. Ilyas Nazir Laway, learned GA, appearing vice Ms. Asifa Padroo, learned AAG on behalf of respondents 2 to 5, Mr. T. M. Shamsi, learned DSGI for respondent No. 1 and Mr. Jahangir Rehbar, learned Advocate for respondent No. 6. Though there is no need for filing reply in the Letters Patent Appeal after examining the legality or otherwise of the impugned order of the learned Single Judge, however, in order to reach to just and proper conclusion, we thought it proper to seek affidavit from respondent No. 6, to be filed within one week with copy in advance to other side.
We direct respondent No. 6 to make available the minor children before the Registrar Judicial of this Court today at 1.00 PM along with her counsel so as to enable the appellant to have interaction with his children for at least one hour. Registrar Judicial shall ensure meeting of the children alongwith their parents as also the counsels in the mediation Centre under his supervision.
List on 14.11.2022.
(SANJAY DHAR) (ALI MOHAMMAD MAGREY)
JUDGE CHIEF JUSTICE
SRINAGAR:
03.11.2022
"Mohammad Yasin Dar"
MOHAMMAD YASIN DAR
2022.11.04 09:54
I attest to the accuracy and
integrity of this document