THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.2105 of 2009 (Dated : 27-01-2010) Between: Khunza Gowher @ Tajwar Sultana @ Syeda Khunza Banu And others …Petitioners A n d Syed Murtuza Yahiya S/o S.M.Qamar R/o 16-3-992/5/A, Chanchalguda, Hyderabad ….Respondent THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.2105 of 2009 ORDER: This Civil Revision Petition is directed against the order dated 04.11.2008 passed in E.A.No.45 of 2008 in E.P.No.2 of 2006 on the file of the Judge, Family Court, Secunderabad, whereby and whereunder the learned Judge of the Family Court ordered arrest of the judgment debtor, i.e., Khunza Gowher @ Tajwar Sulthana @ Syeda Banu, W/o Syed Murtuza Yahiya, aged 48 years. 2. Background facts in nutshell, leading to filing of this revision by the judgment debtor in E.P.No.2 of 2006 are:- The respondent herein is the petitioner in O.P.No.132 of 1996 on the file of Judge, Family Court, Secunderabad. He filed O.P.132 of 1996 under Section 25 read with Section 10 of Guardians and Wards Act, 1890 for custody of minor children (1) Syed Wasim Mehdi (2) Meher Banu Saheba and (3) Baby Adiba. The petition filed by him against Khunza Gowher @ Tajwar Sulthana seeking custody of the minor children came to be allowed on 01.11.1996. As on the date of filing of the O.P., the three minor children were aged 12, 9 and 2 years respectively. The decretal order passed in O.P.No.132 of 1996 reads as hereunder:- “1. That the petition of the petitioner be and the same is hereby allowed. 2. That the first respondent, viz., Khunza Gowher @ Tajwar Sulthana do return the custody of minor respondents 2 to 4, i.e., (1) Syed Wasim Mehdi (2) Mehera Banu Saheba, (3) Baby Adiba to the natural guardian i.e., the petitioner viz., Syed Murtuza Yahiya.” 3. The petitioner filed E.P and also moved E.A.No.45 of 2008 seeking a direction to arrest the judgment debtor so as to make her to produce the minor child, namely, Baby Adiba aged 15 years. Consequent on failure of the judgment debtor, an arrest warrant came to be issued against her directing the Inspector of Police, Dabeerpura P.S to produce her before the Court on 26.12.2008. The said order is assailed in this revision. 4. The revision came to be admitted on 01.5.2009. The respondent received notice and appeared in person. 5. Heard Sri T.Pradyumna Kumar Reddy, learned counsel appearing for the petitioners and the respondent in person. 6. Learned counsel appearing for the petitioners submits that the minor child, namely, Baby Adiba is presently residing in America and she is not willing to join with the decree holder-father, and therefore, the warrant issued against the judgment debtor needs to be recalled. 7. The respondent contends that the judgment debtor being in custody of the minor child, namely, Baby Adiba failed to produce before the Court as per order dated 01.11.1996 passed in O.P.No.132 of 1996 and therefore, the executing Court is justified in issuing the warrant to the judgment debtor to be present before the Court for non- compliance of the direction. 8. As on this day, the order passed in O.P.No.132 of 1996 is in force. It is evident from the order passed in the said O.P that the judgment debtor has to handover the custody of the minor children to the decree holder. Of the three children, two have become majors and one namely, Baby Adiba has not yet attained majority. The judgment debtor is bound to produce the minor child, namely, Baby Adiba before the executing Court. Since the judgment debtor failed to respond despite the notice being served on her to produce the minor child, the executing Court is justified in issuing warrant to the Inspector of Police, Dabeerpura P.S to arrest the judgment debtor-petitioner herein and produce before the Court. I do not see any illegality or irregularity warranting interference of this Court in the order impugned in the revision in exercise of powers under Article 227 of the Constitution of India. 9. Accordingly, this Civil Revision Petition fails and the same is hereby dismissed. No order as to costs. _____________________ B.SESHASAYANA REDDY, J Dated 27-01-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.2105 of 2009 (Dated : 27-01-2010)