K.KANNAN,J - (1.) THE revision petition has been filed invoking the supervisory jurisdiction of the Court under Article 227 for a modification of an order passed by the District Judge at Gurgaon allowing for visitation rights to the parent father of the child in the custody of the mother on 11.5.2012. The District Judge had allowed for the visitation right to be exercised on every Sunday by having the child produced before the Police Station at Gurgaon. The Court had also allowed the father to get the interim custody of the child for the first half of the vacation taking note of the fact that the School where the child was studying was closed for summer vacation from 14.5.2012.
(2.) THE above order passed by the District Judge was a subject of a revision petition before this Court and this Court modified the order only to the extent that instead of visitation to be exercised within the Police Station, it was to be done outside the Police Station. THE attempt was to ensure that there was proper environment where the child could be met with by the father and child could not be traumatized by the imposing unfriendly police building from where the father could meet with his daughter. It appears that the order passed by this Court has also been a subject of challenge before the Supreme Court at the instance of the mother. The first half of the vacation has gone and the Schools are scheduled to open on 9.7.2012. The application is filed for modification of the order passed by the District Judge on the ground that the Courts are closed for vacation and an order that has been passed providing for interim custody for one half of the vacation must be modified atleast for retention of the child till the opening of the School. The revision petition filed by the father of the child for modification is contested vehemently by the counsel for the mother contending inter alia that this Court does not have jurisdiction especially in view of the fact that even during the vacation there is a Court notified to attend urgent matters and an order passed by the District Court cannot be a subject of modification by revision before this Court; more particularly, because the order passed by the District Court already on 11.5.2012 had been modified by this Court in the revision petition filed previously bearing C.R.No.3309 of 2012 and a fresh revision cannot lie. Learned counsel appearing for the respondent would also urge in support of his contention resisting the petitioner's claim that the petitioner's conduct has never been appropriate and the child shall not be granted an interim custody for any period. He could have no more than the right of visitation which had been protected by the order passed by the District Judge.
(3.) THE jurisdiction which this Court exercises under Article 227 is supervisory in character and ought not to be understood as an appellate jurisdiction that the party aggrieved could invoke under any particular provision of the statute relating to custody particularly under the Guardians and Wards Act 1809. THE power vested with the High Court under the Constitution is in a sense omnibus to ensure that the justice is done and it shall not allow technicalities to come in the way. I am making this preface only to stave off the initial objection raised by the counsel for the mother that even during the vacation there is a Court notified to deal with urgent matters and therefore the petitioner could have approached such a notified Court for modification of the order of the District Judge and need not have come by means of a revision petition. If an petition could be filed before the notified Court during the vacation to a Court subordinate to the High Court, a fortiorari, the High Court itself cannot be fettered in its right to entertain such a petition before this Court for advancing the cause of justice. I therefore, reject the contention that revision could not be filed before this Court. THE Court has entertained the revision during the vacation on 13.6.2012 and has ordered notice. It is in the fitness of things that case is taken to its logical end for the prayer sought for and not scuttle the process by needless technical objections.;