JUDGMENT :

1. This writ petition under Articles 226& 277 of the Constitution of India has been preferred claiming the following reliefs.:

“Hence it is, therefore respectfully prayed that the writ petition filed by the petitioner be allowed by passing an appropriate writ, order or direction:-

a). That the order passed by the learned trial Court dated 28/05/2022 Annex. 4 may kindly be quashed and set aside.

b). That the application filed by the petitioner non-applicant under Order 7 Rule 10 read with Sec 151 CPC and Sec 9 of the Act of 1890 Annex. 2, be allowed as prayed therein.

c). Any other order or direction which this Hon’ble Court deems just and proper may kindly be passed in favour of the petitioner.

d). That the petitioner may be awarded the cost of the litigation.”

2. As per the pleaded facts, the respondent (father) filed an application (registered as case no.59/2016) under the provisions of the Guardian and Wards Act, 1890 (hereinafter referred to as ‘Act of 1890’) before the learned Additional District Judge, Bali, District Pali for claim of guardianship of his daughter and son, namely, Harshita and Yakshat respectively, along with an application for interim custody of children