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Judgments of Supreme Court of India and High Courts

Mr. Asanthadaka Andukunhi Beary vs Mrs. Safina D/O K Yusuff on 15 February, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15TH DAY OF FEBRUARY 2019

BEFORE
THE HON’BLE MR. JUSTICE ALOK ARADHE

WRIT PETITION NO.41050 OF 2016 (GM-FC)

BETWEEN:

MR ASANTHADAKA ANDUKUNHI BEARY
S/O MOHAMMED NEARY
AGED ABOUT 44 YEARS
R/AT ASANTHADKA HOUSE
BALNADU VILLAGE
BELIYURKATTE POST
PUTTUR TALUK (DK) 574321.
… PETITIONER
(By Mr.KASHINATH J D ADV., (ABSENT))

AND:

MRS SAFINA D/O K YUSUFF
AGED ABOUT 28 YEARS
R/AT NEAR UPPINANGADI MUTT
BALANDU VILLAGE
BELIYURKATTE POST
PUTTUR TALUK (DK) 574321.

… RESPONDENT
(By Mr. NATARAJA BALLAL ADV.,)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER DATED 26.07.2016 PASSED IN I.A.10 FILED IN
G WC NO.7/2015 VIDE ANNEX-A PASSED BY THE LEARNED
FAMILY JUDGE, DK, MANGALORE AS ILLEGAL AND AGAINST TO
THE INTEREST OF THE CHILD BY CONSIDERING THE
SUBSEQUENT UNRESPECTABLE EVENTS WHICH ARE ADVERSELY
AFFECT THE INTEREST OF THE PETITIONER CHILD NAMELY
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MOHAMMED DILWAR TO MEET THE INTEREST OF JUSTICE
CONSEQUENTLY DISMISS THE I.A.10 FILED BY THE RESPONDENT
AS PER ANNEX-A AND ETC.,

THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-

ORDER

None for the parties.

2. In this petition under Article 227 of the

Constitution of India, the petitioner has assailed the

validity of the order dated 26.07.2016 passed by the

Family Court, by which the petitioner has been directed

to hand over the custody of the child to the respondent.

The writ petition is pending before this Court since 2016

no interim order has been passed. It appears, from the

record that the proceeding under the Guardians and

Wards Act, 1890 was initiated before the Family Court in

the year 2015. Therefore, in the fact situation of the

case instead of adjudicating the validity of the order

dated 26.07.2016, I deem It appropriate to dispose of

the writ petition with a direction to the family court to
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conclude the proceedings before it, expeditiously

preferably within a period of four months from today, if

not already decided.

Accordingly, the petition is disposed of.

Sd/-

JUDGE

SS

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