ESAM AHMED BILGRAMI vs AALIYA SAEED DANG

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 27.08.2025 Judgment pronounced on: 09.09.2025 + MAT.APP.(F.C.) 350/2023 ESAM AHMAD BILGRAMI .....Appellant Through: Mr. Varchaswa Singh, Advocate versus AALIYAH SAEED DANG .....Respondents Through: Ms. Nidhi Mehrotra, Advocate CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. The present Appeal under Section 19 of the Family Courts Act, 1984 assails the correctness of Order dated 17.08.2023 [hereinafter referred to as “Impugned Order”] passed by the learned Family Court [hereinafter referred to as the “Family Court”], whereby the Family Court allowed an interim application under Section 12 of the Guardians and Wards Act, 1890 [hereinafter referred to as “the Act”], filed by the Respondent-mother, granting her permission to relocate the minor child, Master Emad Ahmad Bilgrami, to Abu Dhabi, United Arab Emirates (UAE) with her, subject to certain undertakings and safeguards. Signature Not Verified MAT APP (F.C.) 350/2023 Page 1 of 14 Signed By:JAI NARAYAN Signing Date:09.09.2025 18:06:39 FACTUAL MATRIX 2. The brief facts leading to the present Appeal, as pleaded, are that the marriage between the parties was solemnized on 30.06.2009 in Hyderabad, Telangana as per Muslim rites and ceremonies. Out of the said wedlock, a male child was born on 25.06.2013. Owing to the marital discord, the parties separated in or around the year 2014-15, and subsequently obtained divorce on 22.02.2017, evidenced by a certificate issued by the Wakf Board. 3. The case of the Appellant-father, before the Family Court, was that, upon dissolution of marriage, it was agreed between the parties that the custody of the minor child would remain jointly with the