IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.44565 OF 2013 (GM-FC) C/W.
WRIT PETITION NO.56362 OF 2013 (GM-FC) BETWEEN:
SMT. SOFIYA AKTHAR D/O ABDUL GAFFAR PASHA AGED ABOUT 30 YEARS RESIDING AT NO.53 NEAR GEETHA MANDIR J.C.NAGAR BENGALURU – 560 006.
… PETITIONER (COMMON) (BY SRI SHAKEEL AHMED, ADVOCATE - ABSENT) AND:
SRI. MOHAMMED ALI S/O MIR MOHAMMED SULAIMAN AGED ABOUT 36 YEARS RESIDING AT NO.3/1 BSA ROAD, MASJID STREET 2ND CROSS, TANNERY ROAD CROSS FRAZER TOWN POST BENGALURU – 560 045.
… RESPONDENT (COMMON) (RESPONDENT SERVED AND UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS DATED 24.04.2013 AND 06.08.2013 RESPECTIVELY, PASSED IN I.A.NOs.II AND IV RESPECTIVELY IN G & WC 221/2012 BY THE SECOND ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU VIDE ANNEXURE – E ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None appear for the petitioner.
2. In these petitions filed under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the validity of the orders dated 24.04.2013 and 06.08.2013, passed by the II Additional Principal Judge, Family Court, Bengaluru, by which I.A.Nos.2 and 4 respectively, filed by the respondent has been allowed and the respondent has been granted to take custody of the male child on every first and third Sunday of every month.
3. A Bench of this court by ad-interim order dated 08.01.2014 in W.P.No.44565/2013, had granted interim order of stay of the order impugned dated 24.04.2013.
4. The proceedings before the Family Court at Bengaluru, were initiated in the year 2012. The interim order granted by a Bench of this Court is continued for a period of more than five years and at this point of time, it is not appropriate to adjudicate the orders dated 24.04.2013 and 06.08.2013. Accordingly, the writ petitions are disposed of with a direction to the Family Court to continue proceedings, if pending before it, expeditiously, preferably within a period of three weeks from today.
Till the pendency of the proceedings, ad- interim order of stay passed by a Bench of this Court on 08.01.2014, in W.P.No.44565/2013 shall continue.
Office is directed to transmit the copy of the order passed today to the concerned Family Court. Accordingly, writ petitions are disposed of.
Sd/- JUDGE nvj