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K. LAKSHMAN, P. SREE SUDHA
Rakesh – Appellant
Versus
P. Mounika – Respondent
JUDGMENT :
(K. Lakshman, J.)
Heard Mr. Pasham Mohith, learned counsel for the appellant and Mr. Bh. Sai Vikas, learned counsel for the respondent.
2. The present appeal is filed by the appellant - husband under Section - 19 of the Family Courts Act, 1984 (for short ‘Act, 1984’) challenging the order dated 20.09.2023 in I.A. No.660 of 2023 in O.P. No.524 of 2023 passed by learned Judge, I Additional Family Court - cum - XIV Additional Metropolitan Sessions Judge, Hyderabad.
3. The appellant - husband had filed a petition vide G.W.O.P. No.524 of 2023, under Sections - 7, 9, 10 and 17 of the Guardians and Wards Act, 1890 (for ‘Act, 1890’), to declare him as guardian of minor children viz., Rudra and Sahasra and for their custody. Along with the said O.P., he had filed a petition under Section - 12 of the Act, 1890, to grant interim custody of the minor children every week from Friday 12.00 P.M. to Monday 8.20 P.M.
4. Vide the impugned order, dated 20.09.2023, learned Judge, Family Court, dismissed the said petition, however, to create emotional bond between the appellant herein and two minor children, visitation rights were granted by permitting him to visit the minor children on every S
The court clarified that an order granting visitation rights is an intermediary order, thus appealable under Section 19 of the Family Courts Act, 1984.
Interlocutory orders under the Family Courts Act are not appealable; custody decisions must prioritize the welfare of minors by considering their perspectives.
A custody order under the Guardians and Wards Act, if a result of a full trial, is appealable and not merely interlocutory.
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.
Interim maintenance orders under Section 24 of the Hindu Marriage Act are interlocutory and not appealable under Section 19 of the Family Courts Act.
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.
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.
Appeal – Orders passed under Section 12 of Guardians and Wards Act, 1890 would be appealable under Section 19 of Family Courts Act, 1984.
An order rejecting an amendment application is an interlocutory order and not appealable under Section 19 of the Family Court Act, as it does not decide substantive rights.
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