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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.Supehia, R.T.Vachhani
Jankiben Narendrabhai Trivedi – Appellant
Versus
Gaurangbhai Dalsukhbhai Pandya – Respondent
| Table of Content |
|---|
| 1. maintainability of appeals under guardians and wards act. (Para 4 , 6 , 12 , 14 , 15) |
| 2. judicial references must address conflict in precedents. (Para 7 , 8 , 10 , 31) |
| 3. concept of interlocutory orders clarified. (Para 9 , 11 , 13 , 20 , 34) |
| 4. interlocutory orders under different laws. (Para 22 , 23 , 28 , 37) |
| 5. categorical definitions of appeals in family law. (Para 24 , 26 , 30 , 32) |
| 6. emphasis on adherence to binding precedents. (Para 33 , 35 , 36 , 41 , 42) |
JUDGMENT :
A.S. SUPEHIA, J.
1. The present writ petitions have been assigned to this Bench by the Hon’ble the Chief Justice, in view of the order dated 20.01.2025 passed by the learned Single Judge (Coram: Hon’ble Ms. Justice Nisha M. Thakore) referring the issue under the provisions of Rules 5 and 6 of the GUJARAT HIGH COURT RULES , 1993.
2. At the outset, we were inclined to remit the matters to the respective Benches, as we were of the opinion that the reference made by the learned Single Judge was uncalled for.
3. All the learned advocates appearing for the respective parties are ad idem on the view expressed by us, however, they have urged that since the issues raised in the present writ petitions have be
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.
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.
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.
Appeal – Orders passed under Section 12 of Guardians and Wards Act, 1890 would be appealable under Section 19 of 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.
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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