Considering the facts and circumstances- especially the facts that minor S.A.M.M. Zohaibuddin has already attained the age of almost 7 years and he is now residing along with his ailing elder brother in his father’s house and is being taken good care of by his father, grandfather and grandmother, we are inclined to allow the prayer of the leavepetitioner to retain the custody of his minor son S.A.M.M. Zohaibuddin till disposal of Family Suit. .....S.A.M.M. Mahbubuddin =VS= Laila Fatema, (Civil), 2017 (2)– [3 LM (AD) 468] ....View Full Judgment

Custody of the child– At any time in the future either of the parents of the child shall be at liberty to move the appropriate Court for an appropriate order in respect of the custody of/access to the child in the light of prevailing circumstances at that time and the Court shall be at liberty to entertain such application and to pass necessary order in respect of the child’s custody keeping in view the best interests of the child giving the child an opportunity to express his views. The observation of the learned Judge of the High Court Division that “violation of any terms of the solenama by any party shall be treated as contempt of Court,” being unwarranted and beyond jurisdiction, is hereby expunged. We do not find any reason to interfere with the judgment and order of the High Court Division. This petition is dismissed with the above observations without, however, any order as to costs. ...[9 LM (AD) 363] ....View Full Judgment