In December 2023, Filmmaker Faruk Kabir accused his wife and her of ‘running away’ with their daughter. Now, the Bombay High Court has granted child’s access to the father till an appropriate order is passed by the Family Court on visitation rights and/or custody.
Case:
Faruk Kabir, an Indian national was married to actor Rukhsar Rehman from 2010-2023. However, post their split, Faruk remarried with Sanam, an Uzbek national.
Faruk and Sanam were living in India for one year, however, soon after the birth of their daughter, Sanam and her parents started demanding Uzbek nationality for the newly born bab. The Khuda Haafiz director objected to this since he was an Indian national and wanted his child to also remain an Indian national, specially when she was born in the country.
However, the director’s wife did not agree to this and even threatened suicide if her wishes weren’t fulfilled.
Uzbek Mother Allegedly Kidnapped Child
On December 21, 2023, Faruk lodged an FIR with Versova police station against his wife Sanam, her mother Dilfuza and her stepfather Tejas Khanna, accusing them of kidnapping his daughter.
Faruk informed local police that his wife and her family had tried to pressurise hospital staff to mention Uzbekistan as the newborn’s nationality. The filmmaker also accused his wife and her family of running away with the baby’s birth certificate, other documents and gold ornaments worth Rs 7 lakh.
Along with this FIR, Faruk had also a habeas corpus in the Bombay high court to produce his daughter and allow her to stay with him.
Besides this, the filmmaker had filed another case with the Azad maidan police station against the wife and her parents for allegedly trying to manipulate certain documents to leave India with an Emergency Travel document for travelling to Uzbekistan.
Subsequently, Sanam and her mother were brought back from Amritsar along with the baby for further investigation.
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In a recent development in the matter, the Bombay High Court has allowed the filmmaker to meet his three-month-old daughter every alternate day for an hour till an appropriate order is passed by the Family Court on visitation rights and/ or custody, reported Free Press Journal.
Advocates Jitendra Tiwari and Kunickaa Sadanand representing the filmmaker assured the court that they will file appropriate proceedings before the Family Court at Mumbai for visitation rights to and custody of his daughter, who at present is in the wife’s custody.
The argument made on behalf of the father was that the couple married in India as per the Muslim Personal Law and the child was born in Mumbai, therefore she is an Indian citizen.
Earlier Settlements Failed
The Court had tried to resolve the matter amicably in the “interest of the child” on three occasions earlier, however, the same had failed.
In their order dated February 5, a division bench of Justices Ajey Gadkari and Shyam Chadak said:
…Our efforts could not yield positive results. At this stage, we do not want to discuss the non-cooperation by either of the parties, as it is not an issue to be decided in the present petition.
The High Court also noted that the investigation in both cases – ‘abduction‘ and ‘forging documents‘ – is in progress and police have not yet filed their final reports. Next date for the matter has been listed on February 13 (today).
In the meantime, the bench granted liberty to the Uzbek national wife to file appropriate proceedings before the Family Court/Civil Court for appropriate reliefs of accommodation and maintenance.
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LEAVE YOUR COMMENTS BELOW:
Bombay HC Grants Child Access To Filmmaker #FarukKabir Who Accused His Uzbek Wife Of Abducting Newly Born Daughter
▪️ Dec 2023: Faruk filed FIR against his wife Sanam, her parents for "running away" with child as they wanted Uzbek nationality for herhttps://t.co/0o4lv4krDC
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