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IN THE HIGH COURT OF JUDICATURE AT PATNA
S.B.PD.SINGH
Md. Musharraf Reza son of Manzoorul Haque – Appellant
Versus
Sitahra Parween, wife of Md. Musharraf Reza – Respondent
| Table of Content |
|---|
| 1. background of custody dispute and parties involved. (Para 2 , 11 , 18) |
| 2. arguments on the maintainability of the application. (Para 3 , 4 , 5) |
| 3. court's analysis of relevant statutes and orders. (Para 6 , 9 , 12 , 19) |
| 4. final determination of custodial rights. (Para 20 , 22 , 24) |
| 5. conclusion regarding appeal and order disposition. (Para 23 , 25) |
JUDGMENT :
2. The present Civil Miscellaneous Application has been filed for the following relief/s.
(b) To stay the operation of the order dated 28.02.2025 passed in Guardian & Wards Case No. 03 of 2022 [CIS No. 03 of 2022] by the learned Principal Judge, Family Court, Purnea (Annexure-P7 to the instant application], during the pendency of the present Civil Miscellaneous application.
3. At the very outset, learned counsel appearing on behalf of the respondent has raised a preliminary objection with regard 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, 1890 . It was submitted that the proper remedy is to file an appeal under Section 19 of the Family Courts Act, 1984
A custody order under the Guardians and Wards Act, if a result of a full trial, is appealable and not merely interlocutory.
Interlocutory orders under the Family Courts Act are not appealable; custody decisions must prioritize the welfare of minors by considering their perspectives.
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.
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.
A reference to a larger bench is only warranted in the presence of conflicting decisions, not merely to create a precedent.
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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