SAWAD Vs. SAJNA BEEGUM

JUDGEMENT

(1.) The petitioner, who is the respondent in O.P.No.1190 of 2019 on the file of the Family Court, Mavelikkara, 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, Mavelikkara to dispose of I.A.No.2 of 2022, as early as possible, to enable him to have interim custody of the minor child by name, 'Salmanul Farisi', aged 11 years and to have interim custody of the child during Christmas Holidays. The petitioner has also sought for an order directing the Family Court to hear I.A.Nos.501 and 502 of 2022 (R.P.No.12 of 2022) in OP(G&W) No.1190 of 2019, within a time frame to be fixed by this Court. OP(G&W) No.1190 of 2019 is one filed by the respondent herein-mother, seeking permanent custody of the minor child. In the said original petition, the Family Court passed Ext.P2 order dtd. 12/7/2021, whereby, she was permitted to continue with the custody of the minor child until further orders. Ext.P2 order is an ex-parte order. To set aside that order dtd. 12/7/2021 in OP(G&W) No.1190 of 2019, the petitioner filed I.A.No.501 of 2022. The said application was accompanied by I.A.No.502 of 2022 seeking an order to condone the delay on 173 days in filing the former application. During the pendency of those interlocutory applications, the petitioner herein-father filed I.A.No.2 of 2022, seeking interim custody of the minor child for the period referred to in that interlocutory application. Thereafter, the petitioner moved before this Court, seeking the aforesaid reliefs.

(2.) On 22/12/2022, when this original petition came up for admission, this Court issued notice on admission by special messenger to the respondent, returnable by 27/12/2022.

(3.) On 27/12/2022, Adv. S. Noushad, the learned counsel, took notice for the respondent, who sought time to file counter affidavit. This Court passed an order dtd. 27/12/2022. Paragraph 2 of that order reads thus;