SHYAM SUNDAR AGRWALA Vs. JAY PRAKASH KHADARIA

JUDGEMENT

(1.) This Civil Revision is so preferred U/S. 115 of the CP'C read with Art. 227 of the Constitution of India by Shri Shyam Sundar Agarwalla particularly challenging the order dated 22.9.97 passed by the learned Principal Judge, Family Court, Guwahati in Misc. (G) Case No. 8,\97.

(2.) Heard Mr. B.K. Das, the learned Sr. Counsel for the petitioner and Mr. B.K. Goswami, the learned Sr. Counsel for the OP No. 1 Shri Jay Prakash Khadaria. No one appears on behalf of OP No.2 Smti. Meera Agarwalla @ Dolly.

(3.) The order dated 22.9.97 was passed by the learned Family Court in Misc. (G) Case No. 8/97 preferred by the present petitioner on 27.2.97 for his appointment as guardian of Master Ankur which runs as under: "22.7.97 : As per order dated 18.9.97 last, minor Ankur was produced by OP No.2 yesterday to the residence of the learned amicus curiae herself and the amicus curiae talked to the boy. The petitioner and his wife (were) also talked to their grand son though the boy expressed his inclination to go to the petitioner after his half yearly exam, is over by end of Oct., there is vehement objection from the side of the OP No.2. It appears that certain legal problems are there in giving interim or temporary custody of the boy, to the petitioner and unless a full hearing is taken by recording evidence of both sides, question of custody temporary or permanent cannot be decided. I am therefore not inclined to order temporary custody of the minor boy to the petitioner and as such the prayer for temporary custody is rejected. Case will be heard expeditionsly. Fix 18. 11.97 for evidence of the petitioner side. Learned amicus curiae Mr. R. Jain will help the Court in examining and cross- examining the parties and their witness."