Jharkhand High Court
Mrs Khursheeda Khatoon And Ors vs Md Shaid Akhtar on 24 March, 2014
Author: R. Banumathi
Bench: Chief Justice
IN THE HIGH COURT OF JHARKHAND AT RANCHI
F. A. No. 227 of 2012
Mrs. Khursheeda Khatoon & Ors. ... ... Appellants
Versus
Md. Shahid Aktar ... ... Respondent
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Appellants : Mr. Kalyan Banerjee, Advocate
For the Respondent :
th
Order No. 04 Dated: 24 March, 2014
I.A. No. 1578 of 2014
The present application has been filed to condone the delay
of 28 days in preferring the appeal against the order passed by the
Principal Judge, Family Court, Ranchi in Guardianship Case No. 50
of 2007 dated 10.09.2012. The appellants are the maternal
grandmother and maternal uncles of the minor boy, Ehab Shahid,
who is stated to be aged about 10 years. In Guardianship Case No.
50 of 2007, the Family Court, Ranchi has directed the appellants to
handover the custody of the minor child to the father, Md. Shahid
Aktar within two months from the date of passing of the order i.e.
10.09.2012. It is further stated that the respondentfather has already filed Execution Petition in Misc. Case No. 02 of 2013 for taking the custody of the minor child.
The learned counsel appearing for the appellants has stated that the the elder son is in the custody of the respondentfather and the minor child, Ehab Shahid was born in the year 2003 and shortly 2 thereafter, the mother of the child died and since then the minor child is under the care and protection of the maternal grandmother and maternal uncles. It is also stated that the maternal grandmother and maternal uncles have been taking care of the minor boy for about 10 years. The learned counsel further submitted that since the minor child, Ehab Shahid is brought up at Muzaffarpur in the State of Bihar and is pursuing his studies at Muzaffarpur, the Court at Ranchi would not have jurisdiction to entertain the Guardianship Case and submits that the appellants have got the substantial case to put forth in the appeal.
Having regard to the submissions and keeping in view the interest and welfare of the minor child, there would have interim stay of judgment in Guardianship Case No. 50 of 2007 passed by the Principal Judge, Family Court, Ranchi dated 10.09.2012.
The appellants shall take notice to the respondents through Court as well as through registered post, returnable by four weeks both in the Interlocutory Applications as well as in the appeal.
(R. Banumathi, C.J.) (Shree Chandrashekhar, J.) Manish/R. Shekhar