M.Nagaprasanna, J
1. The petitioner is before this Court calling in question an order dated 13.12.2022, whereby, the III Additional Principal Judge, Family court, Bengaluru, considering I.A.No.2/2022, filed in G& WC No.366/2022, issued an emergent notice.
2. The petitioner on issuance of such emergent notice, has rushed to this Court alleging that no order is passed on I.A.No.2/2022 filed seeking custody and visitation rights in favour of the petitioner, the wife of the respondent.
3. Heard Sri Prabhugoud B. Tumbigi, learned counsel for petitioner and Sri K. Gururaj, learned counsel for respondent.
4. Learned counsel for the petitioner contends that the respondent - husband has carried away the children from the school and not produced them even once and the petitioner has not seen the children for the last three months.
5. On the other hand, learned counsel for the respondent – husband would submit that on every occasion, when the matter is listed before the concerned Court, the children are kept present and the petitioner also speaks to the children.
6. Both the learned counsel for the petitioner and the respondent would submit that the matter is listed on 10.02.2023, for consideration of I.A.No.2/2022. If that be so, the concerned Court shall consider all the submissions of both the parties and then pass appropriate orders on I.A.No.2/2022, in accordance with law and regulate the procedure before the concerned Court.
7. The concerned Court shall endeavour to pass orders on I.A.No.2/2022 on 10.02.2023. The concerned Court shall not grant any adjournment to either of the parties unnecessarily, on the said date.
8. With the aforesaid direction, the writ petition is disposed.
