B SANAL Vs. REKHA ALIAS MUMTHAZ

JUDGEMENT

(1.) THE petitioner filed O.P.(G&W) No.1908 of 2011 on the file of the Family Court, Thiruvananthapuram for appointing the petitioner as the guardian of the child, Isha Sanal. The learned counsel for the petitioner submitted that, in fact, the Original Petition should have been for custody of the child and appropriate application for amendment will be made.

(2.) THE petitioner filed I.A.No.3749 of 2011 for interim custody of the child. The Family Court passed an order dated 26.5.2012, which reads as follows: "Petition for interim custody for child. Petitioner present. Respondent absent. Child not produced. Produce the child and handover custody for 2 hours between 11 am to 1 pm, on the all 2nd and 4th Saturdays at the premises of the court until further direction. I.A. closed." O.P.(F.C.) NO.2117 OF 2012 R :: 2 ::

(3.) ON a consideration of the facts and circumstances of the case, we are of the view that the Family Court should have considered the contentions put forward by the parties and should have stated reasons as to how it came to the conclusion. It is also necessary to ensure that the order passed by the Family Court is obeyed in letter and spirit. Accordingly, we set aside the order dated 26.5.2012 in so far as it closed I.A.No.3749 of 2011. The Family Court shall consider I.A.No.3749 of 2011 afresh and pass orders as expeditiously as possible. Till final orders are passed, the directions in the order dated 26.5.2012 shall be complied with by both parties without fail. The Original Petition (FC) is disposed of as above.