Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.Supehia, R.T.Vachhani
Jankiben Narendrabhai Trivedi – Appellant
Versus
Gaurangbhai Dalsukhbhai Pandya – Respondent
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 been pending for more than three to four years, the same may now be finally decided and further clarified.
SCOPE OF REFERENCE MADE BY THE LEARNED SINGE JUDGE :
4. Before addressing the substantive issue, we consider it necessary to deal with the reference made by the learned Single Judge vide common oral order dated 20.01.2025. The learned Single Judge has invoked Rules 5 and 6 of the GUJARAT HIGH COURT RULES , 1993, which are reproduced below:-
“Rule 5.
1. A Single Judge may refer an
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....
An interim maintenance order under Section 24 of the Hindu Marriage Act is interlocutory and not appealable under Section 19 of the Family Courts Act; thus, Article 227 is the appropriate remedy.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
