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2021 Supreme(J&K) 640

JAVED IQBAL WANI
Mudassir Majeed – Appellant
Versus
Irtifa Ayoub – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sunil Sethi, Monika Kohli, Shahla Rafiqi
For the Respondent: M.I. Khan, Mehrukh Syedan

JUDGMENT :

1. The order dated 05.02.2021 (for brevity 'impugned order') passed by the Court of Additional District Judge (Matrimonial Cases), Jammu (for brevity 'trial court') in File No. 48/Misc. titled Iftifa Ayoub vs. Mudassir Majeed, is being questioned by the petitioner herein while invoking supervisory jurisdiction of this Court.

2. A petition is stated to have been filed under Section 25 of the Guardians and Wards Act, 1890 (for brevity the 'the Act') by the applicant/respondent herein before the trial court for custody of minor children, namely, Mohd. Ismaeel and Ahmad Abdullah on 07.11.2020. Hearing in the said petition is stated to have got deferred on imposition of lockdown due to outbreak of COVID-19 pandemic. An application under Section 12 of the Act is also stated to have been filed by the respondent herein along with the aforesaid petition for interim custody of minor children. The petitioner is stated to have appeared through his counsel through virtual mode on account of COVID-19, in the matter before the trial court and the trial court is stated to have allowed visitation rights in favour of the applicant/respondent herein with the minor children through video call

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