NAIRA Vs. ASIF AKBAR SOFI

JUDGEMENT

(1.) LOOKING from a distance, the children, who suffer at the cruel hands of deprivation, must be envying Ahmad & Sana, the children born to the parties of this case, for having born to parents, who are highly educated and highly placed in the society. These innocent siblings, however, must not be knowing through which mental, physical and psychological ordeal Ahmad & Sana must be passing, because of the estranged relationship of their parents. The children always want and desire that they must grow under the ever -lasting love and affection of both their parents. Ahmad & Sana for the time being are deprived of love, care, attention and affection of one of their parents viz. father, which otherwise, is fundamental for grooming their personalities and shaping their future. While looking into the record of the trial court, xerox copy of some letters written by petitioner to respondent, her husband reveal some untold miseries, and incalculable sufferings she has been subjected to, allegedly, by her husband and his other relations. One of the letter reveals that both the children Ahmad & Sana have also been allegedly subjected to savage and inhuman treatment and allegedly attempt made on life of Sana by the relatives of the respondent. Letter, after referring to the inhuman treatment to which petitioners and her children claim to have been subjected to, still wants to have reconciliation with respondent. The reason upper most for having a re -approachment with respondent seems to be the future of the minor children. The earnest efforts made by the petitioner which are revealed by the communication placed on the files of the trial court, to have a reconciliation with the respondent seems to have for the time being failed. The record further reveals that petitioner because of the alleged conduct of the respondent and his close relatives was compelled to file FIR u/s 498 -A RPC against the respondents and his relatives in womens police station, and it appears that investigation thereof has culminated in filing of challan against them in the court of competent jurisdiction.

(2.) THIS revision petition is filed by the petitioner, being aggrieved of the order dated 8th of July 2008 passed by the learned Principal Sessions Judge Srinagar, in terms of which the counsel for the petitioner was directed to produce minor children before the court on the next date, so as to enable the respondent herein to see and meet them.

(3.) IT appears from the record that earlier petition u/s 10 of Guardian and Wards Act was filed by respondent praying therein for appointing him as guardian of the minor children. An objection appears to have been taken by petitioner about the maintainability of the said application on the legal ground that father being natural guardian need not seek order from the court for appointment as guardian of the minor children. During the pendency of the said application, orders were passed for production of minor children. Order was passed by the concerned court on 2nd June 2007 for production of children before the court. The petitioner filed objections to the maintainability of the main application and also filed an application for recalling the order dated 2nd of June 2007. The said case was transferred by Principal, District and Sessions Judge to court of 1st Additional District Sessions Judge, where again petitioner raised objection about the maintainability of the application for appointment of guardian, and further prayer for recall of order dated 2nd of June 2007. The court instead of considering the objections of the petitioner about the maintainability of the application seeking appointment as guardian of the minor children, again on 4th of August 2007 directed petitioner to produce the minor children before the court. The court without adverting to the objection raised by the petitioner about the maintainability of the application, initiated action on an application filed by the respondent seeking to punish the petitioner for having violated court directions dated 4th of August 2007.