Q: Describe the citation of Ansar V. Nadeera and Ors ?

Ans: Upon a cursory reading, it may prima facie seem that section 12 or section 45 do not refer to visitation rights or access to a child. However, the phrases "production of minor by a person having custody of minor at a particular time and place before a person that the Court appoints" and "order for temporary custody' referred to in sections 12 and 45 lead to an obvious inference that the same pertain to visitation rights and access to a child. 

Section 12 mentions about power to make interlocutory order for production of minor and interim protection of person and property.

Section 45 mentions about penalty for contumacy.

In the case of Ansar v. Nadeera and Ors,  a husband had obtained an interim order from the Family Court at Chavara directing his wife to hand over custody of two children on every second Saturday and succeeding Sunday. However, since the wife wilfully disobeyed the order, he filed an application under Order XXXIX, rule 2A of the Code of Civil Procedure, 1908 seeking enforcement of the order. This application, however, was not being heard by the Family Court despite being listed for hearing several times. Therefore, the husband approached the High Court of Kerala seeking a direction against the Family Court to expeditiously hear and dispose his application.

On being seized of the matter, the High Court of Kerala observed that the power to pass orders for custody of minor wards accrues to the Family Court by virtue of section 12 of the Guardians and Wards Act, 1890. The husband had misapplied the provisions of Order XXXIX, rule 2A of the CPC which is temporary injunction and interlocutory orders, and that appropriate legal remedy available to the husband was under section 45(1) of the Act. It was further observed that as per section 45(1) of the Guardians and Wards Act, 1890, if a person disobeys an order passed under section 12(1), he incurs liability for payment of fine as well as detention in civil prison. The provision does not limit such detention to a specific period, and the detention can take place until the child is produced or the defaulter undertakes to comply with the order.

Keywords used: 
Accrue: to collect 
incur: अपने ऊपर लेना

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