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N. S. SANJAY GOWDA
Asif Shamim – Appellant
Versus
Farah Razvi Shamim – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Smt. Shalini John, Advocate
For the Respondent:Sri Govindaraj, Advocate

ORDER

This petition is filed challenging the refusal of the Family Court to grant custody of the minor children of the petitioner for a period of 15 days as sought for in the vacations.

2. Learned counsel for the petitioner – husband submits that though a specific prayer was made for grant of custody of children for a period of 15 days in view of ensuing vacations, the Family Court has granted the petitioner the visitation rights on Saturdays and Sundays, and therefore, the impugned order cannot be sustained.

3. Learned counsel for the respondent – wife contends that the order passed by the Family Court is just and proper and does not require any interference. He seeks to highlight the fact that the children who were present before the Family Court did not express their wish to go with the father. Therefore, it would not be an appropriate case to grant custody to the father.

4. It is not in dispute that the children were in the custody of the father till April, 2022 at Mumbai. In my view, having regard to the fact that there is vacation in which the petitioner can enjoy the custody of the children, it would be appropriate to direct the respondent - wife to hand over custody of the

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