The High Court, under its Article 227 superintendence powers, addressed the delay in disposing of a pending interim custody application at a Family Court, directing expeditious disposal without adjournments.
Direction to the Family Court to dispose of the custody application on 20.01.2024 without adjournments; petition disposed otherwise.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~67
CM APPL. 2854/2024 (exemption)
CM(M) 100/2024, CM APPL. 2853/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 03:01:04
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 03:01:04
“(i) Call and examine the record and the orders passed by Ld. Family Court-02, South-East, Saket in guardianship petition dated 31.01.2022 u/s 25 of Guardians & Wards Act, 1890 being GP No. 56/2022 titled as Zaibi Hussain v. Jamal Tariq seeking return of custody of her minor son Muhammad Abu Bakr; and satisfy itself as to the regularity of such proceedings and dispose the petition expeditiously. and/or;
(ii) Exercise superintendence power conferred upon this Hon'ble Court under Article 227 of the Constitution of India against non-compliance by Ld. Judge, Family Court-02, South-East, Saket of order dated 20.I0.2023 passed by this Hon'ble High Court in CM(M) I736/2023 and/or;
(iii) Direct the Ld. Judge, Family Court-02, South-East, Saket to decide application dated 3I.O I.2022 of petitioner/ natural & biological mother u/s 12 of Guardians & Wards Act, I890 seeking interim custody of her minor son Muhammad Abu Bakr without any further adjournment. and/or in alternate;
(iv) Decide the application dated 31.01.2022 under section I2 of the Guardians & Wards Act, 1890 in GP No. 56/2022 and grant interim custody of minor son Muhammad Abu Bakr to the petitioner/ natural and biological mother.
(v) Pass such order or orders as this Hon'ble Court deems fit and proper on the facts and circumstances of the case.”
Section 10(3) of Act further empowers the Family Court for lying down its own procedure “with a view to arrive at settlement in respect of the subject matters of the suit or proceedings or at the truth of the facts alleged by one party and denied by the other.”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 03:01:04
SHALINDER KAUR, J
JANUARY 16, 2024/ SDS
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 03:01:04
2 issues framed by the court
Whether the Family Court is in default for not disposing of a pending interim custody application filed since January 2022 despite previous directions.
Whether the High Court should exercise its superintendence power under Article 227 to direct the Family Court to dispose of the application without adjournments.
Colour shows how this judgement treated each authority
Smt. K. S. Sumi Mol vs. Sh. Suresh Kumar E.KRelied on¶19
Mat. App. (F.C.) 127/2023 Smt. K. S. Sumi Mol vs. Sh. Suresh Kumar E.K
3 provisions across 3 enactments
Zaibi Hussain
Jamal Tariq
Shalinder Kaur
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
Shalinder Kaur
Parties & counsel
