SANJU SAMUEL Vs. AISHWARYA RAJU

JUDGEMENT

(1.) The petitioner filed G.O.P.No.2427 of 2020 before the Family Court, Ernakulam, under Sec. 7 of the Guardians and Wards Act, 1890 seeking a decree declaring him as the legal guardian of the minor ward Eva Maria Sanju, now aged 10 years, and to direct the respondent-wife to give custody of the petitioner's ward. That original petition is now pending consideration before the Family Court, Ernakulam in which the respondent-wife is yet to file written statement.

(2.) In that original petition, the petitioner filed I.A.No. 1306 of 2022, an application under Sec. 12 of the Family Courts Act, 1984 to appoint a Counsellor to gauge the upbringing, personality and mental frame of the child and if found necessary direct the Counsellor to counsel the child in her best interest and file a report before the Family Court. In the said interlocutory application, the respondent is yet to file counter.

(3.) The petitioner has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Family Court to refer the minor child before an expert Child Counsellor, by passing appropriate orders in Ext.P3 interlocutory application, within a time frame to be fixed by this Court.