IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.39721 OF 2014 (GM-FC) BETWEEN:
1. MOHAMMED MUSTAFA S/O. SHABBIR AHAMED QURESHI AGED ABOUT 38 YEARS RESIDING NEAR MUTTON STALL SUNKADA KATTE TAVAREKERE MAGADI ROAD BANGALORE-562 130.
2. MOHD. FARHAN S/O. MOHD. MUSTAFA MINOR HENCE REPRESENTED BY PETITIONER NO.1 RESIDING NEAR MUTTON STALL SUNKADA KATTE TAVAREKERE MAGADI ROAD BANGALORE-562 130. ... PETITIONERS (BY SRI A.S. KULKARNI, ADV. - ABSENT) AND:
SMT. UZMA FIRDOSE W/O. MOHAMMED MUSTAFA AGED ABOUT 27 YEARS RESIDENT OF SAMINA TAJ 4TH CROSS LEFT SIDE TIPPU NAGAR SHIMOGA-577 201. … RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/SET ASIDE THE ORDER DATED 08.08.2014 PASSED BY THE HON’BLE FAMILY COURT, SHIMOGA ON I.A. NO.2 IN G & W.C. NO.1/2014 DIRECTING THE PETITIONER TO HAND OVER CUSTODY OF MOHAMMED FARHAN TO THE RESPONDENT HEREIN WITHIN 10 DAYS VIDE ANNEX-E.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioners.
None for the respondent, though served. Perused the records.
2. The writ petition is admitted for hearing and the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the order dated 08.08.2014 passed by the Family Court, by which the Family Court has directed the petitioner No.1 to handover the custody of the child to the respondent within ten days.
4. A Bench of this Court while entertaining the writ petition had granted a ad-interim order on 22.08.2014. The aforesaid interim order has remained in force for a period of more than 4½ years. The proceeding before the Family Court under the Guardians and Wards Act, 1890 was initiated in the year 2014. Therefore, at this point of time, I am not inclined to adjudicate the validity of the order impugned in this petition.
5. Accordingly, the writ petition is disposed of with the direction to the concerned Family Court to conclude the proceeding pending before it, if not already concluded within a period of four months from the date of receipt of certified copy of the order passed today. Office is directed to transmit a copy of this order to the concerned Family Court.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ST