2023 YLR 497
Guardians and Wards Act (VIII of 1890), Ss. 12, 25 & 47---Appeal against interlocutory order---Interlocutory order/interim order passed by the Family Court is not subject to revision or appeal or review---Provision of revision or appeal has been given to the final order of the Family Court---Under S.14(3) of the Family Courts Act, 1964, no appeal or revision lies against interim order passed by the Family Court.
Welfare of minors---Father as a natural guardian---Scope---Res judicata, non applicability of---Petitioner being maternal grandmother filed application before Guardian Judge for custody of minors, who were residing with the petitioner---Petitioner also filed application for permanent injunction regarding the custody of minors---Respondent (father) contested the application before Guardian judge for custody of minors along with application of interim custody of the minors---Guardian Court dismissed the application of the petitioner, and, accepted the application of respondent---Petitioner filed appeal before Appellate Court---Appellate Court dismissed appeal of the petitioner---Contention of father was that maternal grandmother had no lien to file the application in presence of real father---Validity---Father was natural guardian of the minors and he could look and take care of the welfare of the minors in a better way, when specifically there was no allegation of the character or any other negative object/act which was necessary to refuse the real father for the custody of minors---Order under S.12 of the Guardians and Wards Act, 1890 was not mentioned under the appealable orders as provided in S. 47 of the Act---Application for the custody of minors under S.25 of the Act, was still pending before the Guardian Court---As such there was no ground to interfere in order passed by Guardian Judge---Appeal against interlocutory order under S.12 of the Guardians and Wards Act, 1890, is not maintainable---No bar existed for repeating the applications for interim custody before the Guardian Court, if new grounds are available because such practice is not contrary to law as well as principle of res-judicata, as interim orders relating to the minors are tentative and with the material change in the circumstances, the Guardian Court can always be moved for modification of the orders to promote the welfare of the minors---High Court declined to interfere in the order of Guardian Judge, being interim in nature---High Court observed that final custody of the minors will be determined while deciding the application under S. 25 of the Guardians and Wards Act, 1890--
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