LAWS(J&K)-2017-3-70

ANIS NIZAMI & ANR. Vs. ISHRAT FAZAL (MST.)

Decided On March 14, 2017
Anis Nizami And Anr. Appellant
V/S
Ishrat Fazal (Mst.) Respondents

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the matter is finally heard.

(2.) The facts giving rise to the filing of this petition briefly stated are that the parties got married on 16.09.2012 and out of the wedlock, one male child was born on 06.07.2013. It is the case of the respondent that she was deserted by the Petitioner No. 1 in the month of June, 2016 and without her consent, Petitioner No. 1 took away the custody of minor son from Jammu. The respondent thereafter filed petition under Section 25, read with Section 12 of the Guardians and Wards Act, Svt. 1977 (hereinafter referred to as the Act) seeking custody of the minor son. The Trial Court vide order dated 28.01.2017, allowed the petition preferred by the respondent and the petitioners were directed to handover the custody of the minor son to the respondent forthwith.

(3.) On 30.01.2017, the petitioners filed an application before the Matrimonial Court seeking 15 days' time to handover the custody of the child, however, custody of the minor child was handed over. Therefore, the respondent filed an application for implementation of the order dated 28.01.2017 through Sr. Superintendent of Police, Jammu. The Trial Court vide order dated 28.02.2017, directed Sr. Superintendent of Police, Jammu to ensure the compliance of Order dated 28.01.2017 and to submit report. The Sr. Superintendent of Police, Jammu on 06.03.2017, filed report before the Trial Court, in which it was stated that he visited the house of the petitioners at Jammu and learnt that the petitioners have hidden the minor child somewhere, which he is unable to trace. The petitioners, thereafter, filed an application seeking deferment of the proceedings before the Trial Court for a period of two weeks and have filed instant revision petition before this Court.