Sanju Samuel vs Aishwarya Raju

Anil K. Narendran, J.

The petitioner filed G.O.P.No.2427 of 2020 before the Family Court, Ernakulam, under Section 7 of the Guardians and Wards Act, 1890 seeking a decree declaring him as the legal guardian of the minor ward Eva Maria Sanju, now aged 10 years, and to direct the respondent-wife to give custody of the petitioner's ward. That original petition is now pending consideration before the Family Court, Ernakulam in which the respondent-wife is yet to file written statement.

In that original petition, the petitioner filed I.A.No. 1306 of 2022, an application under Section 12 of the Family Courts Act, 1984 to appoint a Counsellor to gauge the upbringing, personality and mental frame of the child and if found necessary direct the Counsellor to counsel the child in her best interest and file a report before the Family Court. In the said interlocutory application, the respondent is yet to file counter.

The petitioner has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Family Court to refer the minor child before an expert Child Counsellor, by passing appropriate orders in Ext.P3 interlocutory application, within a time frame to be fixed by this Court.

Heard the learned counsel for the petitioner. Considering the nature of relief proposed to be granted, service of notice on the respondent-wife is dispensed with.

Having considered the submission made by the learned counsel for the petitioner, we deem it proper to dispose of this original petition with the following directions:-

i) On production of a certified copy of this judgment, the Family Court, Ernakulam shall advance G.O.P.No.2427 of 2020 to a near date.

ii) In case the respondent-wife is yet to file counter in I.A.No.1306 of 2022, she shall be granted ten days time to file the same.

iii) Thereafter, the Family Court shall consider I.A.No.1306 of 2022 in G.O.P.No.2427 of 2020 and pass appropriate orders thereon, as expeditiously as possible, at any rate, within a further period of three weeks.

It  is  made  clear  that  this  Court  has  not  expressed anything on the legal or factual contentions raised by the petitioner and it is for the Family Court to take an appropriate decision, strictly in accordance with law.