guK PETITIONER RESPONDENTS ; HIGH COURT OF CHHATTISGARH AT BlLAsPUR W.P. (227) No. 61 56 of 2009 Ajay Kumar Reddy, s/o Shri Parmanand Reddy, aged about 38 years, R/o House No.1-A, Street 36, Sector-8, Bhilai, Distt. Durg (CG), presently residing at M.LG. 19, Sector-1, Devendra Nagar, Raipur, Distt. Raipur (CG). Versus 1 Smt. Rajashree Reddy, w/o Ajay Kumar Reddy, aged about 35 years, (cs). 2 Ayush Reddy, s/o Aiay Kumar Reddy, aged about 11 years 6 months (C.G) 3 Anushkha Reddy, D/o Ajay Kumar Reddy, aged about 6 years (Respondents 2 & 3 minors. through mother Rajashree Reddy, wife of Ajay Kumar Reddy) All r/o presently c/o Shri Brahmaraj Naidu, infront of Prabhat Video, Durga Chowk, Shankar Nagar, Durg, Tehsil and District-Burg, P.S. Mohannagar, District — Durg (C.G) and Clo Ghanshyam Aarya KanyaMahavidyaiaya, Durg (CG) Q.No.1 -Ar Street 36, Sector 8, Bhilai, Distt. Durg (C.G), Office Principal, Ghanshyam Aarya Kanya Mahavidyalaya, Durg (CG) through Rajashree Reddy, English Professor. Appearance : Miss Farah Minaj, counsel for the petitioner. ORAL‘oRDER (28.10.2009) SUNIL KUMAR SINHA, J. Heard on admission. WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA 2 Petitioner Ajay Kumar Reddy has flied this writ petition for the following relief(s) : RELIEF(S) SOUGHT 10. : In View of the facts and grounds as mentioned in foregoing paragraphs, the petitioner prays for the followin relief(s) : 10.1 That this Hon'bie Court may kindly be pleased to set aside/quash the impugned order dated 2.7.2009 (Annexure P—1) assed by the learned Second Additional Principal Judge. Family Court, Durg (C.G). 10.2 That this Hon’ble Court may kindly be pleased to issue a writ of mandams direng the respondent no for handing over the custody of children to the petitioner/father in vacation holidays. 10.3 That this Hon'ble Court may kindly be pleas to direct the Learned Court below to decide he petitioner’s pplication dated 12.1 1 .2008 (Annexure P-5) as expeditiously as possible i the interest ofjustice. 10.4 Any other relief(s) may also be given to the petitioners, which this Hon’ble Court may deem fit and proper in the facts and circumstances of thease. in sum and substance, the petitioner has prayed for setting aside the order dated 02.07.20091(Annexure P-1) passed by the econd Addl. Principal Judge, Family Court, Durg and has also prayed for a direction to the saidcourt to decide his application ated 12.1 1 .2008 (Annexure P-5) expeditiously. it appears that a proceeding is pending before the Family Court, Durg, for custody of the minor children of the petitioner from his wife Smt. Rajashree Reddy, respondentno.1 herein nd during the pendency of te said \/proceedings the petitioner has filed an application for interim custody of the / minor children. The learned Family Court observed in the order that on some previous occasion, when the minor children were asked as to whether they \ g4 W.P. (227) No. 6156 of 2009 g p u cti .4 ed t a n —c S d a h , / 3 W.P.(227) No. 6156 of 2009 want to go with their father i.e., the petitioner, they had refused to go with the petitioner. The family Court further observed that the proceedings iiself is for the custody of the minor children to the petitioner, therefore, if the interim custody is given to the petitioner that sall amount to grant of a reiief in the h nature of final relief at the interim stage of the proceedings. Observing all this, the learned Family Court has dismissed the aforesaid application. Miss Farah Minhaj learned counsel appearing on behalf of the petitioner could not point out any such groun on hich the imugned order ma be set d w p y aside or it may be said that certain modification is ruired in the order. eq Therefore, the writ petition so far as it relates to quashment of the order dated 02.07.2009 cannot be entertained. So far as the relief sought in para 10.3 is concerned, it apprs th an ea at application dated 12.1 1 .2008 (Annexure P-5) is stili pending before the Family Court which is in relation to certain modification in the earlier interim order passed by the said Court. ln the opinion of this Court, a direction can be issued to the family Court to dispose of the application expeditiously. Accordingly, this writ etition is disposed of with a direction to the family p Court to dispose of the application dated 2.11.2008 (Annexure -5) 1 P expeditiously. With the aforesaid observation/direction, this W.P(227) No. 6156109 stands finally disposed of at the motion stage itself. / sal- Sunit Kumar Sinha r Judge