Compliance of Interim Custody Order under Guardians and Wards Act
Guardians and Wards Act 1890 under Section 7
Applicant - Nana-Nani Respondent – Father
Case History –
1. The age of girl child is 2 years 45 days and her mother has died. The girl is with Nana-Nani.
There is no criminal allegation on her father (Respondent) and their family but Applicants say that before and after marriage her daughter was residing with them and she was working in health department till death. Her daughter never reside in the Respondent’s home and by birth, the minor child also living with them.
2. Non applicant denied their allegation and presented 105-page documents as an evidence.
3. The process of cross examine (5 person/evidences) has finished for the applicants. They did not submit any documents to prove their allegation. Although during the cross examine they have accepted that their daughter used to reside few days of every month with the Respondent and his family, the minor also born in her grandparents' house, all the rituals related with the minor completed in grandparents' house and a Grand Birth Day party was also organized in the grandparents' town by the Respondent.
Cross examines of Respondent and his friend has finished but other 2 are pending.
4. On 22.09.2105 after the cross examine of Respondent and his friend Trial Court passed the interim custody order in favour of Respondent and directed the Applicants to hand over the minor to Respondent before 5.10.2015 and inform the court on coming hearing date – 15.10.2105 and this order will have no effect on the final disposal of the case.
5. On 30.09.2015 the Applicants challenged this order in the High Court, W.P. (227) No. 820 / 2015. Here they alleged that the father is habitually heavy drinker, chain smoker, poor, has illegal relations with other women and prayed for stay of Interim Order. Respondent asked 3 days time for the reply then High Court fixed the date for next hearing on 8.10.2015.
6. On 2.10.2105 the female friend of the Applicant filed a false complaint regarding molestation and atrocity against the Respondent (father).
7. Police refused to register FIR before any enquiry. Police found it fake on the basis of mobile tower location and we also have submitted sufficient evidence in the Police Station that the lady and Applicants are well known for each other while that lady is unknown for us)
On 6.10.2105 in the Trial Court Applicants submitted an application of 151 and requested that they have submitted a petition in the High Court for the stay of Interim Order. Application granted and fixed for the debate on 13.10.2105.
8. On 8.10.2105 when Respondent submitted the reply of their allegation Applicants requested for stay against Interim Order and need 3 weeks time for the reply. High Court rejected their request of stay regarding Interim and fixed the date for final hearing after three weeks.
9. On 13.10.2015 the Judge of Trial Court is on leave and next hearing date is 19.11.2015.
My queries –
1. What action the Trial Court and Applicants lawyer can take?
(Because as per the system first of all we have to submit the reply of 151 and same time we have to inform the Trial Court regarding non compliance.)
2. How can we take advantage of the false complaint done by the Applicants?
3. Please tell us, if you have any citation regarding the compliance of Interim Custody Order before final hearing in the Trial Court.