IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.41050 OF 2016 (GM-FC) BETWEEN:
MR ASANTHADAKA ANDUKUNHI BEARY S/O MOHAMMED NEARY AGED ABOUT 44 YEARS R/AT ASANTHADKA HOUSE BALNADU VILLAGE BELIYURKATTE POST PUTTUR TALUK (DK) 574321.
(By Mr.KASHINATH J D ADV., (ABSENT)) AND:
MRS SAFINA D/O K YUSUFF AGED ABOUT 28 YEARS R/AT NEAR UPPINANGADI MUTT BALANDU VILLAGE BELIYURKATTE POST PUTTUR TALUK (DK) 574321.
(By Mr. NATARAJA BALLAL ADV.,) - - -
… PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 26.07.2016 PASSED IN I.A.10 FILED IN G &WC NO.7/2015 VIDE ANNEX-A PASSED BY THE LEARNED FAMILY JUDGE, DK, MANGALORE AS ILLEGAL AND AGAINST TO THE INTEREST OF THE CHILD BY CONSIDERING THE SUBSEQUENT UNRESPECTABLE EVENTS WHICH ARE ADVERSELY AFFECT THE INTEREST OF THE PETITIONER CHILD NAMELY MOHAMMED DILWAR TO MEET THE INTEREST OF JUSTICE CONSEQUENTLY DISMISS THE I.A.10 FILED BY THE RESPONDENT AS PER ANNEX-A AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the parties.
2. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 26.07.2016 passed by the Family Court, by which the petitioner has been directed to hand over the custody of the child to the respondent. The writ petition is pending before this Court since 2016 no interim order has been passed. It appears, from the record that the proceeding under the Guardians and Wards Act, 1890 was initiated before the Family Court in the year 2015. Therefore, in the fact situation of the case instead of adjudicating the validity of the order dated 26.07.2016, I deem It appropriate to dispose of the writ petition with a direction to the family court to conclude the proceedings before it, expeditiously preferably within a period of four months from today, if not already decided.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS