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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19th DAY OF MARCH 2019
BEFORE
THE HON’BLE MR. JUSTICE ALOK ARADHE
WRIT PETITION NO.43558 OF 2013 (GM-FC)
BETWEEN:
C.N. HABEEBUR REHAMAN
SON OF LATE C N NISAR AHMED
AGED ABOUT 33 YEARS
RESIDING AT NO. 11/287
DEVANGA 2ND COSS, NEAR KSRTC
BUS STAND
CHAMARAJNAGAR TOWN-571313.
… PETITIONER
(By Ms. RAJESHWARI DEVI C, ADV., (ABSENT))
AND:
AFJAL AHMED
SON OF LATE ABDUL RASHEED
AGED ABOUT 60 YEARS
RESIDING AT DODDAKAVALANDE
VILLAGE, NANJANAGUD TALUK
MYSORE DISTRICT-571401.
… RESPONDENT
(By Mr. MAHANTESH S. HOSMATH, ADV., (ABSENT))
—
This Writ Petition is filed under Articles 226 227 of the
Constitution of India, praying to quash Ann-A, the order dt.2.7.13,
passed on IA.No.III under order 25 of the Gurardian Ward Act in
G WC No.2/13, on the file of the Hon’ble Sr. Civil Judge JMFC,
at Chamrajanagar be pleased to allow the said IA.No.III in G
WC No.2/13 and etc.
This Writ Petition coming on for preliminary hearing in ‘B’
group this day, the Court made the following:-
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ORDER
None for the parties.
2. In this petition, the petitioner inter alia has
assailed the validity of the order dated 02.07.2013
passed in a proceeding under Section 25 of Guardians
and Wards Act, 1890 (hereinafter referred to as ‘the Act’
for short) by which liberty has been granted to the
petitioner to visit the child in the Anganawadi Centre.
The aforesaid petition is pending before this Court since
2013 in which no interim order has been passed. The
petitioner has initiated the proceeding under Section 25
of the Act in the year 2013. Therefore, at this point of
time, I am not inclined to adjudicate the validity of the
aforesaid interim order which has remained in force for
more than 5 years. Therefore, in the fact situation of
the case, I deem it appropriate to dispose of the writ
petition with a direction that in case the proceeding
under Section 25 of the Act is still pending before the
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Family Court, the Family Court shall consider and decide
the same expeditiously within a period of four months
from the date of receipt of certified copy of the order
passed today.
Accordingly, the petition is disposed of. Office is
directed to transmit a copy of this order to the
concerned Family Judge.
Sd/-
JUDGE
RV
