ANSAR Vs. NADEERA

JUDGEMENT

(1.) The petitioner, who filed this original petition invoking jurisdiction of this court vested under Art. 227 of the Constitution of India, is the petitioner in OP.(G&W) No.645/2015 on the files of the Family Court, Chavara, filed for declaring him as guardian of the minor wards, Muhammed Rifan and Aisha Suhana.

(2.) He obtained an interim order from the Family Court, Chavara on I.A.No.1166/2017 on 19.9.2017 directing his wife, the respondent herein, to handover custody of the two minor wards to him on every 2nd Saturday and succeeding Sunday, until further orders. None of the parties challenged the order before any superior forum and it became final. The petitioner's complaint is that, he was prevented by the respondent from securing interim custody of the wards by her willful act of disobeyance of the order. He therefore sought to enforce the order through I.A.No.637/2018 before the court below by invoking Order 39 of Rule 2-A of the Code of Civil Procedure (for short 'the Code') to which no written objection seems to have been filed by the respondent so far. It is alleged that, in spite of a series of postings, the court below is reluctant to take up and dispose of I.A.No.637/2018. The petitioner has, in the above circumstances, approached this court seeking to issue a direction to the court below for expeditious disposal of I.A.No.637/2018.

(3.) In the nature of the limited relief proposed to be granted to the petitioner, we dispense with notice to the respondent. This court had obtained a report called for from the learned Judge, Family Court, Chavara, about the maximum time required for disposal of I.A.No.637/2018.