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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ARINDAM SINHA, YOGENDRA KUMAR SRIVASTAVA
Prakhar Kumar – Appellant
Versus
Aditi Dhaundiyal – Respondent
JUDGMENT :
Arindam Sinha, J.
1. Two appeals have been listed together. In both stand impugned order dated 19th February, 2025 made by the Family Court directing visitation, three times a month, for the father to have physical contact with the children in presence of the mother and also video conferencing with conditions. Father of the children has preferred First Appeal no.285 of 2025 and the mother, First Appeal no.249 of 2025. We note that the mother’s appeal was filed prior in time. English Translation made by the father, of impugned order dated 19th February, 2025, is reproduced below:
"The said file is fixed for order. Both the parties have been heard on the application for interim custody 6C. I also spoke to the minor children Khwaish and Praditya separately in my chamber. After talking to the minor children, it was found that they have no knowledge of any dispute going on between their parents and they are well connected with their parents, maternal and paternal grandparents. Both the children are young at present and they need the company of both parents. Therefore, the opposite party Mrs. Aditi is ordered to ensure that the minor children meet the petition for 2 hours on the
Family Court's interlocutory orders regarding visitation are not appealable under Section 19 of the Family Courts Act, especially when subsequent events alter the initial conditions significantly.
The court clarified that an order granting visitation rights is an intermediary order, thus appealable under Section 19 of the Family Courts Act, 1984.
Interim custody orders are not appealable under section 19 of the Family Courts Act, 1984, as they are considered interlocutory and do not reflect a final judgment.
A custody order under the Guardians and Wards Act, if a result of a full trial, is appealable and not merely interlocutory.
Interlocutory orders under the Family Courts Act are not appealable; custody decisions must prioritize the welfare of minors by considering their perspectives.
Minor child does not have coping skills or intellectual ability to understand issues between adult relationship or parents unhappiness.
Appeal – Orders passed under Section 12 of Guardians and Wards Act, 1890 would be appealable under Section 19 of Family Courts Act, 1984.
Interim custody orders must consider both the welfare of the child and the visitation rights of the non-custodial parent.
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.
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