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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ARINDAM SINHA, YOGENDRA KUMAR SRIVASTAVA
Prakhar Kumar – Appellant
Versus
Aditi Dhaundiyal – Respondent
| Table of Content |
|---|
| 1. joint visitation order by family court (Para 1) |
| 2. provisions of guardians and wards act (Para 2) |
| 3. arguments for and against visitation rights (Para 3 , 4 , 5 , 6) |
| 4. nature of interlocutory orders and appeals (Para 7 , 8 , 9 , 10 , 11) |
| 5. sequence of events post-impugned order (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 6. modification of interim custody orders (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 7. current status of interim custody (Para 24 , 25 , 26 , 27) |
| 8. efficacy of appeals in light of changes (Para 28 , 29 , 30) |
| 9. dismissal of appeals with liberty to pursue remedies (Para 31) |
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 fi
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.
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