IN THE  SUPREME COURT OF INDIA                  CIVIL  APPELLATE  JURISDICTION                                SPECIAL LEAVE PETITION (CIVIL) NO. 630 of 2008   

  Rubina Bano ..   Appellant(s)

                    Versus

Wazid Ali & Ors. ..   Respondent(s)                         

          With

  TRANSFER PETITION (CIVIL) NO. 230 OF 2008                                    O R D E R

 SLP(C) NO. 630 of 2008

This  petition by the mother of  minor child  Ayyan Ali  is  directed against  

order  dated  22nd  November,  2007  passed  by  the  High  Court  of  Judicature  for  

Rajasthan  at Jaipur, whereby the order passed by the District and Sessions Judge,  

Jhunjhunu dismissing an application filed by the father of the child under Section 10  

of the Gurdians & Wards Act, 1890 has been set aside.

Since the matter pertained to the custody of the said minor child, we had  

requested  counsel  for  the  parties  to  try  to  settle  the  dispute  between  the  parties  

amicably. At present  the child is in the custody of his maternal grandmother and is  

residing at Bombay.

We are happy to note that with the cooperation and assistance of learned  

counsel for the parties, an amicable settlement in regard to the custody of the child  

has been arrived at.  They have agreed that :

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1) Wazid Ali-the father of Master Ayyan Ali would be his permanent guardian  

and for all intents and purposes, the child would be under his custody;

2) Master  Ayyan  Ali  shall  be  admitted  to  Hansraj  Moraji  Public  School,  

Andheri, Mumbai by the father Wazid Ali.  If for any reason, the school does not  

admit the child, he will be admitted in Prudence School, Panvel, Mumbai;

3) All personal expenses of the child, including on education, clothing, medical etc.  

shall be borne by the father-Wazid Ali.  But for some exceptional reason, the child  

will be permitted to complete his education upto class 12 in the same school;

     4) Smt. Husna Bano w/o Iqbal Qureshi, the maternal grandmother of the child  

would be his local guardian at Mumbai;

5) Apart from Wazid Ali and Smt. Husna Bano, the school administration may  

permit any other relative of the child to meet him if their rules and regulations so  

permit;

6) As regards the custody of the child during long vacation in the school, in this  

year  after his  admission during first  summer vacation,  the child will  continue to  

remain in the custody of Smt. Husna Bano but during the first Diwali vacation  the  

child  will stay with his father and during the first Chritmas vacation, Smt. Husna  

Bano shall  be entitled to his custody.  However, from the next year onwards only  

during Diwali vacation, the child will be in the custody  

: 3 :

of his maternal grandmother and shall remain in the custody of the father during the  

summer vacation as well as during the Christmas vacation;

7) The father will  also be entitled to have the custody of  the child  over the

week-ends for a minimum period of four  hours subject to the convenience of the  

child and after due  prior  intimation to his maternal grandmother;

8) The said arrangement shall continue till the child completes his education in  

the school;

9) All pending  cases between the parties, viz, Civil Misc. Case No. 203 of 2006  

pending  before District Judge, Jhunjhunu, Petition No. E/199/2007 pending before  

Principal  Judge,  Family  Court  Bandara,  Mumbai,   M.J.  Petition  No.  D/35/2007  

pending before Principal Judge, Family Court, Bandara, Criminal Writ Petition No.  

2437 of 2008  and C.R. No. 562 of 2008 pending before the Bombay High Court shall  

be deemed to have been disposed of.

We expect and hope that keeping in view the welfare of the child, the parties  

shall abide by the terms of the agreement set out above.

The special leave petition stands disposed of.

T.P(C) NO. 230 of 2008

In view of the order passed in the special leave petition, the transfer petition  

shall be treated as disposed of.             

                                       ...................J.            [ D.K. JAIN ]  

                                       ...................J.                                     [ R.M. LODHA  ] NEW DELHI, APRIL 28, 2009.