THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION NO.17847 OF 2010 Dated: 26.10.2010 Between: Ayesha Fatima. ..Petitioner And 1. The Government of A.P., rep., by its Principal secretary, Ministry of Home Affairs, Secretariat Buildings, Hyderabad and others. .. Respondents. THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION NO.17847 OF 2010 ORAL ORDER: (Per Hon’ble Sri. Justice A. Gopal Reddy) This writ petition is filed seeking a direction to respondents 1 to 3 to produce the minor girl child of the petitioner viz., Amena Abdul Samad before this Court and consequently, to restore the custody of the child to the petitioner as a natural guardian. Heard the learned Counsel on record. The petitioner was appointed as a guardian of the minor child viz., Amena Abdul Samad, aged about 3 years, under the provisions of the Guardian and Wards Act. While so, the E.P. filed before the Family Court, Hyderabad by the petitioner seeking to execute the decree passed in O.P.No.906 of 2007 was returned as not maintainable on the ground that the Child is not in India and is in Abroad. Now, the grievance of the petitioner before this Court is that inspite of representation of the E.P. in the Family Court, the same is not being entertained for execution of the order passed by the Family Court. Therefore, she seeks to restore the custody of the minor child, who is under the care and custody of the 4th respondent. The material on record goes to show that the E.P. was returned for want of jurisdiction on the ground that the child is residing abroad. Now, the petitioner is seeking the implementation of the orders passed in the O.P., by invoking the provisions of Article 226 of the Constitution of India, instead of choosing a proper forum in accordance with the provisions of the Guardians and Wards Act or the Civil Procedure Code as the case may be. In view of the nature of the proceedings , We are of the opinion that this writ petition is misconceived and thereby, the same is liable to be dismissed. At this stage, the learned Counsel for the petitioner seeks liberty to question the order passed by the Family Court in the E.P., under Article 227 of the Constitution of India. Accordingly, the writ petition is dismissed. However, the petitioner is at liberty to avail the remedies that are available under law. Registry is directed to return all the original material papers to the petitioner. _______________________ Justice A. Gopal Reddy ____________________ Justice Raja Elango Date: 26.10.2010 Nn THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION NO.17847 OF 2010 (Order delivered by the Hon’ble Sri Justice A. Gopal Reddy) Dated: 26.10.2010