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2020 Supreme(All) 885

SURYA PRAKASH KESARWANI, YOGENDRA KUMAR SRIVASTAVA
Sana Afrin – Appellant
Versus
Zohaib Khan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mohammad Umar Khan
For the Respondent:Arun Kumar Pandey

JUDGMENT :

Yogendra Kumar Srivastava, J.

1. Heard Sri Mohammad Umar Khan, learned counsel for the petitioner and Sri Arun Kumar Pandey, learned counsel appearing for the sole respondent.

2. The present first appeal under Section 19 of the Family Courts Act, 1984[the Act, 1984] has been preferred against an order dated 01.10.2020 passed by the Principal Judge, Family Court, Kanpur Nagar in Case No.63 of 2020 (Zohaib Khan v Sana Afrin), whereby the application (paper no.6ga) filed by opposite party no.2 under Section 12 of the Guardians and Wards Act, 1890[the Act, 1890] has been allowed.

3. At the very outset an objection was taken with regard to the maintainability of the appeal filed under Section 19 of the Act, 1984 on the ground that the order under Section 12 of the Act, 1890 is in the nature of an interlocutory order and an appeal would not lie against such interlocutory orders.

4. We have heard learned counsel for the parties on the question of maintainability of the present appeal and have perused the records.

5. It would be worthwhile to take notice of the fact that proceedings under Section 25 of the Act, 1890 were initiated by the opposite party no.2 before the Principal Family

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