UNNIKRISHNAN Vs. MANIKANDAN

JUDGEMENT

(1.) The petitioners are approaching this court invoking its supervisory jurisdiction vested under Article 227 of the Constitution of India, challenging Ext. P3 order passed by Family Court, Irinjalakuda in G.O.P. No. 614/2015, dated 12.01.2016. The petitioners herein are the respondents before the court below. The Original Petition before the Family Court was instituted by the respondent herein seeking to appoint him as guardian of the second appellant minor child, and to grant permanent custody of the minor child to him. While considering the Original Petition, Ext. P3 order was passed by the court below directing the 1st petitioner to produce the minor child before the Chief Ministerial Officer of the Family Court on every 3rd working Saturday at 10 a.m. and to permit the respondent to have one hour interaction with the child. It is challenging the said order, the above Original Petition is filed.

(2.) Contention of the petitioners is that, the court below went highly erred in passing Ext. P3 order without there being any interim application filed by the respondent seeking custody of the minor child. It is also contended that the impugned order was passed without affording opportunity to raise objections against granting of interim custody or visitation right to the respondent. Learned counsel for the petitioners contended that, the power vested under S. 12 of the Guardians and Wards Act, 1890 [hereinafter referred to as the 'Act' for short], cannot be exercised by the court suo motu, without there being any application filed specifically seeking interim custody of the minor ward. Further contention raised is that, the production of the minor ward can be ordered in exercise of powers vested under S. 12 of the Act, only for the purpose of passing an order of temporary custody.

(3.) While considering contentions enumerated as above, we take note of the reliefs sought for by the respondents in Ext. P1 Original Petition filed before the court below. There are three distinct reliefs sought for in the Original Petition. One is for declaration of the respondent as guardian of the minor. Another is to grant permanent custody of the minor to the respondent. The third prayer in the Original Petition is to pass any other order which may be sought for during the course of the Original Petition or which the court may deem fit and proper to issue.