Hon’ble Amitava Lala, J.—This appeal arises out of the order dated 9th January, 2008 passed by the Principal Judge, Family Court, Varanasi refusing to pass an interim order of injunction regarding custody of minor Daksha in favour of the plaintiff-appellant under Section 12 of the Guardians and Wards Act, 1890 (hereinafter called as ‘Guardians and Wards Act’) fixing a date for conciliatory talks on 13th March, 2008.

2. Admittedly, minor Daksha, son of the defendant-respondent, is now staying with the plaintiff-appellant, who is maternal grandmother of the minor, at Varanasi, Uttar Pradesh. No order has been passed as yet by any Court in the State of Uttar Pradesh giving any custodial right in favour of the father, the defendant-respondent herein.

3. One Mrs. Dipika (since deceased), wife of the defendant-respondent and daughter of the plaintiff-appellant, expired on 24th/25th April, 2006 while she was residing with her parents at Varanasi. The plaintiff-appellant initiated a criminal proceeding of dowry death against the respondent husband of Mrs. Dipika, which was registered as Case Crime No. 13 of 2007, under Sections 304-B, 498-A, 504, 506 of Indian Penal Code read with Se