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IN THE HIGH COURT OF JUDICATURE AT PATNA
S.B.PD.SINGH
Harsha @ Harsha Sharma Wife of Abhinava Singh – Appellant
Versus
Abhinav Singh Son of Ramashraya Prasad Singh – Respondent
| Table of Content |
|---|
| 1. parties involved and context of custody case. (Para 1 , 10 , 15 , 16 , 17) |
| 2. arguments regarding maintainability and welfare of the minor. (Para 2 , 4 , 19 , 20) |
| 3. observations about jurisdiction and welfare considerations. (Para 3 , 6 , 8 , 12 , 21) |
| 4. legal framework defining appealable orders and interlocutory nature. (Para 5 , 7 , 9 , 14) |
| 5. case remanded for further consideration. (Para 22 , 23) |
JUDGMENT :
2. At the very outset, learned counsel appearing on behalf of the respondent has raised a preliminary objection to the maintainability of the present Civil Miscellaneous Application, contending that no such Civil Miscellaneous Application can lie against an order passed under Section 12 of the Guardians and Wards Act. It was submitted that the proper remedy is to file an appeal under Section 19 of the Family Courts Act, 1984.
4. Per contra, learned counsel appearing on behalf of the petitioner submits that the present Civil Miscellaneous Application is maintainable against the aforesaid order, as the nature of the impugned order is purely interlocutory.
“12. Power to make interlocutory order for production of minor and interim protection of person and property –
Interlocutory orders under the Family Courts Act are not appealable; custody decisions must prioritize the welfare of minors by considering their perspectives.
A custody order under the Guardians and Wards Act, if a result of a full trial, is appealable and not merely interlocutory.
The court clarified that an order granting visitation rights is an intermediary order, thus appealable under Section 19 of the Family Courts Act, 1984.
Appeal – Orders passed under Section 12 of Guardians and Wards Act, 1890 would be appealable under Section 19 of Family Courts Act, 1984.
Orders under Section 12 of the Guardians and Wards Act are appealable under Section 19 of the Family Courts Act, as they affect vital rights and welfare of minors.
A reference to a larger bench is only warranted in the presence of conflicting decisions, not merely to create a precedent.
Family Court's interlocutory orders regarding visitation are not appealable under Section 19 of the Family Courts Act, especially when subsequent events alter the initial conditions significantly.
Interim maintenance orders under Section 24 of the Hindu Marriage Act are interlocutory and not appealable under Section 19 of the Family Courts Act.
Granting interim maintenance to daughter of appellant-wife and rejection of all other applications – dismissal of husband’s petition for restitution of conjugal rights whereby wife’s rights do not ne....
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