THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS PERTAINING TO THE PROCEEDINGS PENDING ADJUDICATION BEFORE THE R2 COMMITTEE U/S 90 OF THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILD) ACT, 2015 IN RESPECT OF THE COMPLAINT FILED BY THE R3- HUSBAN AGAINST THE PETITIONER-WIFE WHEREIN THE MINOR DAUGHTER ANVITA PRABHU IS THE SUBJECT MATTER OF THE COMPLAINT VIDE ANNEXURE-A AND QUASH THE ENTIRE PROCEEDINGS PENDING ADJUDICATION BEFORE THE R2 COMMITTEE U/S 90 OF THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILD) ACT, 2015 IN RESPECT OF THE COMPLAINT FILED BY THE R3 - HUSBAND AGAINST THE PETITIONER - WIFE WHEREIN THE MINOR DAUGHTER ANVITA PRABHU IS THE SUBJECT MATTER OF THE COMPLAINT VIDE ANNEXURE-A

THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed seeking the following reliefs:

“Wherefore, the petitioner prays that this Hon’ble Court may be pleased to grant the following relief/s:

i. Call for records pertaining to the proceedings pending adjudication before the 2nd respondent committee Under Section 90 of the Juvenile Justice (Care and Protection of Child) Act, 2015 in respect of the complaint filed by the 3rd respondent-husband against the petitioner-wife wherein the minor daughter Anvita Prabhu is the subject matter of the complaint vide Annexure-A.

ii. Issue a writ of certiorari by quashing the entire proceedings pending adjudication before the 2nd respondent committee under Section 90 of the Juvenile Justice (Care And Protection Of Child) Act, 2015 in respect of the complaint filed by the 3rd respondent - husband against the petitioner - wife wherein the minor daughter Anvita Prabhu is the subject matter of the complaint vide Annexure-A.

iii. Pass any other order or orders as this Hon’ble Court deems fit, proper, necessary and expedient in the circumstance of the case.”

The facts of the case are that the petitioner and the respondent No.3 are the wife and husband. In view of their differences between the parties, they have filed M.C.No.3274/2019 seeking divorce on the ground of cruelty, which is pending before the I Additional Family Judge, Bangalore. Both of them have adopted the child by way of an adoption deed dated 29.12.2014. In the light of these disputes, both the parties have filed the G & W.C petitions before the Family Court. It is the case of the petitioner that the G& W.C petition filed by the respondent seeking custody was dismissed for non-prosecution and it was not restored so far. Whereas, petition filed by the petitioner-mother is pending consideration. While this being so, the petitioner has received impugned notice to appear before the child welfare committee dated 04.11.2021. Questioning the same, the petitioner is before this Court.

Learned counsel appearing for the petitioner submits that the Child Welfare Committee has no jurisdiction to issue a show-cause notice to the petitioner to appear. It is submitted that the dispute with regard to the custody is pending before the Family Court in G&WC case. When the matter is seized off by the competent Court and when the rights can be decided only by the Family Court which is hearing the G&WC matter, the Child Welfare Committee has no jurisdiction to issue such notice. It is submitted that if the third respondent has any apprehension with regard to the safety and otherwise of the child, the same can be brought to the notice of the Family Court where the G&WC petition is pending, as well as the MC petition is pending. It is submitted that the Child Welfare Committee has no jurisdiction. He has relied on paragraph No.10 in the judgment passed by the Coordinate Bench of this Court in case of Mrs. Nidhi Luharuwalla Vs State of Karnataka arising out of Writ Petition No.1372/2019(GM-RES)

“10.......................................................... 136. The