Nawazuddin Siddiqui moves HC seeking whereabouts of children in custody of ex-wife; resolve issues, says court

A division bench of Justice Ajey S Gadkari and Justice Prakash D Naik was hearing the actor’s habeas corpus (produce the person) plea seeking direction to his estranged wife to reveal the whereabouts of his 12-year-old daughter and seven-year-old son.

Advocate Pradeep Thorat for Siddiqui submitted that the actor’s estranged wife and children are UAE residents and the children’s school has sent an email to him saying they are missing from school and are on the verge of being rusticated as they have not been attending their classes. Some third person has taken my children out of Dubai, the actor said.

He added that his estranged wife had come to India in November 2022 without the children.

Thorat said that the actor separated from his wife in 2011 and a Khulanama (divorce document under Muslim law) was executed. The children are in her custody and they are in Dubai for the last four to five years.

“There are no other proceedings pending except for her plea seeking quashing of complaint by actor’s mother,” Thorat told the court, adding that the actor wanted to know the whereabouts of his children and to ensure that they join the school.

Advocate Rizwan Siddiquee, representing the estranged wife, submitted that the children are in the custody of their biological mother and are in India. Both want to study online and enrol in India and do not wish to leave her and go back to Dubai, he said. She is looking at all options related to continuing their education in India, the respondent added.

The bench asked the respondent’s lawyer, “Both the children are in school and if you leave the school midway, then how will their education continue?”

“In case the school is not allowing online education, then we will continue in another school,” advocate Siddiquee responded.

“He (Siddiqui) has expressed concerns about his children and their education. Speak with each other and settle the communication and visitation rights between the father and children. If it can be worked out then good…settle the matter amicably…resolve the issues. You have a discussion with the petitioner’s lawyer and let us know about the schooling and the future plan. Give us minutes of order of whatever needs to be done,” the bench said.

The bench asked Siddiqui’s estranged wife to inform the court by next week as to what has been decided with regard to the children’s education. The judges said that it is settled that the children are with their biological mother and the petitioner does not want their education getting disturbed.

The court will hear the plea next on March 3.

Nawazuddin Siddiqui’s mother Mehrunisa had last month filed an FIR against the actor’s wife Zainab. The Versova police said the actor’s mother has alleged that Zainab had an argument with her. Zainab is Nawazuddin’s second wife.