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1994 Supreme(Ker) 21

L.MANOHARAN
Radha – Appellant
Versus
Velayudhan – Respondent


Judgment :-

Revision petitioner is the mother-in-law of the respondent. Respondent married the daughter of the revision petitioner. In the marriage two children were born. The wife died in 1988.. After her death the two children are residing with the revision petitioner their grand mother. While so the respondent filed O.P.258 of 1992 for the custody of his children under S.25 of the Guardians and Wards Act, 1890. In that the revision petitioner filed I.A. 567 of 1993 under S.10 read with S.151 C.P.C. for staying the O.P.258 of 1992 till the investigation as to I he cause of death of her daughter on the basis of a com plaint filed by her is completed. Learned Judge dismissed the petition. This revision is against the said order.

2. A preliminary objection was taken by the respondent's counsel that the revision is not maintainable. According to him no revision is maintainable from the order under challenge as per the provisions in the Family Courts Act, 1984 (for short' the act). Learned counsel for the respondent made reliance on S.19(5) of the Act in support of his said contention. On the other hand, learned counsel for the revision petition or maintained that with due regard to S.



























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