- (1.) HEARD learned counsel for the petitioner and learned counsel for the opposite parties.
(2.) COUNTER affidavit filed today is taken on record. Counsel for the petitioner prays for and is granted four weeks' time to file rejoinder affidavit. The petitioner felt aggrieved with the order dated 23.2.2012 passed by the Principal Judge, Family Court, Faizabad, by means of which,joint custody of two daughters was given to the mother and father. Thereafter, a recall application was moved by the petitioner, which has not been decided up till now and in the meantime, it is alleged that the Presiding Officer has been transferred and, therefore, there is no possibility of recall application being decided in near future. On the above allegation, this writ petition has been filed. Submission of learned counsel petitioner is that even assuming that the joint custody of the children was given by means of order dated 23.2.2012, but under the garb of that order, opposite party cannot detain two daughters with him. A categorical statement has been made by the counsel for the petitioner that two daughters have been taken away by the opposite party.
(3.) LEARNED counsel for the opposite party has refuted the aforesaid allegation and has specifically stated that at the moment, two daughters are living alongwith the petitioner and as and when, any time is fixed by the petitioner, the opposite party goes to see the daughters as well as he takes away the daughters for certain period. Counsel for the opposite party states that the allegation of exclusive custody is baseless and the said allegation has no leg to stand on, as the mother is already having the custody of children. The Court has perused the order dated 23.2.2012 and in the operative portion, it has been stated that both the daughters will be looked after by the mother and father jointly. It is to be noted that prior to passing of the aforesaid order, two daughters were in the custody of mother. Various applications were moved before the trial court from time to time and this ultimate order was passed. The order of looking after the daughters does mean that the right of the wife to have the custody of two daughters has come to an end. It is not in dispute that prior to passing of the aforesaid order, two daughters were in the custody of mother.;