RAMAIAH Vs. SPECIAL DEPUTY COMMISSIONER BANGALORE DISTRICT BANGALORE

JUDGEMENT

(1.) THE bone of contention between the petitioner and the respondent are the two minor children. Both petitioner and the respondent were married on 4-6-1993. Two children are born during the wedlock. THE relationship between the petitioner and respondent was strained and the petitioner initiated proceedings against the respondent. Suffice it to say the marriage between the petitioner and respondent got dissolved pursuant to a decree by mutual consent proceedings, which were initiated in M.C.No.2003/2006. THE matter was referred to Mediation Centre wherein the matter was amicably settled with certain terms and conditions. THE grievance of the petitioner-wife is that the children were taken away by the respondent-husband on a particular day and never returned, inasmuch as they are staying with the respondent-husband as on today. Both the petitioner-wife as well as the respondent-husband have initiated proceedings once again under the Guardians and Wards Act, 1890. Petitioner-wife has filed G and WC No.192 of 2007 seeking custody of the children and to appoint her as a guardian. Respondent-husband has filed G and WC No.189 of 2007 seeking for an identical relief.

(2.) LEARNED Counsel for both the parties submit that the matters are clubbed. In both these matters several applications are filed I.A.No.2 is filed under Order 39, Rules 1 and 2 of the Civil Procedure Code, 1908 by the father restraining the mother from removing the children from his custody. I.A.No. V filed under Section 12 of the Guardians and Wards Act read with Section 151 of the CPC by the father for a direction to the mother to send the children to Prakriya School in compliance with the order dated 11-11-2003 passed in O.S.No.193 of 2003 and order dated 28-5-2007 passed in G and WC No.71 of 2004. I.A.No.6 is filed under Section 45 of the Guardians and Wards Act by the wife for penalising the husband with civil imprisonment and fine for violation of the orders. I.A.No.8 is filed under Section 151 of the CPC once again by the wife for stoppage of further proceedings. Objections were called for and filed. The learned Family Judge pursuant to the order impugned rejected all but one application. I.A.No.3 was particularly, allowed and the parties were directed to maintain status quo with regard to the custody of the two minor children pending consideration of the proceedings before the Family Court with a directing that the mother shall have the visiting right on every alternative Sunday between 9 a.m. to 6 p.m. and on all Hindu festivals provided such festival day is a holiday for the school. The Family Court further directed that the father shall make arrangements to enable the children to spend some time with the mother.