guardians and wards act
Querist :
Anonymous
(Querist) 21 October 2010
This query is : Resolved
when the divorce proceedings are initiated and whent he child is in the custody of the minor child is with the mother since from the date of proceedings, whether the interim orders of custody given to the husband is a justifiable order or not? further whether such custodies affect the G & WC case of the wife seeking the guardianship of the child permanently?
Khaleel Ahmed
(Expert) 21 October 2010
It is the interime order of the court. If your client has any grievance with said order , you can prefer miscelleaneous appeal before High Court.
Devajyoti Barman
(Expert) 21 October 2010
Yes. I do not think the order passed in the matrimonial proceeding has got anything to do with the another custody case pending. Another thing is that I do not find any justification as to why the mother filed a case for custody when the child is already within her custody. Any order of custody in the matrimonial proceeding would be a temporary one and the person having the ordinary custody of the child need not file any suit to open the issue of her fitness to keep the custody of the child.
Parveen Kr. Aggarwal
(Expert) 21 October 2010
Section 26 of the Hindu Marriage Act, 1955:
"26. Custody of children.- In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made."
As such, the orders passed are within jurisdiction of the Court and may be justifiable in the facts and circumstances of the case.
