Petitioner seeks writ jurisdiction intervention due to respondent's failure to comply with Family Court orders dated 8.11.2011 and 24.9.2012 to hand over child custody. Court directs Family Court to ensure compliance.
Directed the court below to ensure compliance of the orders dated 8.11.2011 and 24.9.2012.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11685 of 2013
====================================================== 1. Hema Devi wife of Sri Jai Prakash Ram, resident of Mohalla- Ambedkar Colony, Khad Par, Police Station- Sultanganj, District- Patna. At Present residing at Yarpur Ambedkar Colony, Gardanibagh, Police StationGardanibagh, District- Patna
.... .... Petitioner/s Versus
.... .... Respondent/s ====================================================== Appearance : For the Petitioner : Mr. Manish Kumar For the Respondents : None. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
2 02-09-2013 The grievance of the petitioner in this application is that
in spite of order dated 8.11.2011 passed by learned Principal Judge, Family Court, Patna, in Matrimonial Case no. 142 of 2010, the respondent has not handed over the custody of the child (Ayush), the second son of the petitioner and the respondent.
By order dated 8.11.2011 the court below had directed the respondent to handover the custody of Ayush to the petitioner which he failed to do . Subsequently, the court below by order dated 24.9.2012, keeping in view of academic career of the child, directed the respondent to hand over the custody of the child to the petitioner in the first week of April, 2013. It appears from order dated 24.9.2012 that the court below had observed that if
Patna High Court CWJC No.11685 of 2013 (2) dt.02-09-2013
2
the respondent failed to handover the custody of the child, the court below will be compelled to take coercive measrue.
Learned counsel for the petitioner submits that till date the custody of Ayush has not been handed over to the petitioner and unless the court below takes appropriate coercive steps the orders passed by it will not be complied with.
In view of the submissions, I think it proper to dispose of
this writ petition with a direction to the court below to ensure compliance of the orders dated 8.11.2011 and 24.9.2012.
The application stands disposed of accordingly.
(Chakradhari Sharan Singh, J)
singh/-
3 issues framed by the court
Whether the High Court should direct the Family Court to ensure compliance of custody orders due to failure of respondent to hand over the child.
What coercive steps the Family Court is directed to take to enforce its earlier custody proceedings against the respondent.
Whether the High Court can supervise the Family Court to enforce its judgments regarding child custody in matrimonial disputes.
Hema Devi wife of Sri Jai Prakash Ram
Jai Prakash Ram son of Sri Jawahar Ram
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
