Interim Custody under GW Act in HMOP

The responded in HMOP has filed petition under Guardians and wards act for interim custody of the child in Family Court. whether this petition maintainable?. Can a person filed interim petition under gw Act in HMOP proceedings?

Custody is distinct from Guardianship.


GO thru;


Supreme Court of India

Athar Hussain vs Syed Siraj Ahmed & Ors on 5 January, 2010

Author: T Chatterjee

Bench: Tarun Chatterjee, V.S. Sirpurkar




32. Section 12 of the Act empowers courts to "make such order for the temporary custody and protection of the person or property of the minor as it thinks proper." 


35. Thus the question of guardianship can be independent of and distinct from that of custody in facts and circumstances of each case.


43. As is evident, the aforementioned decision concerned appointment of a guardian. No doubt, unless the father is proven to be unfit, the application for guardianship filed by another person cannot be entertained. However, we have already seen that the question of custody was distinct from that of guardianship.

53. We, however, make it clear that the observations made in the order of the High Court as well as by this Court, if there be 
any, shall not be taken to be final while deciding the original application filed under Sections 7, 9 and 17 of the Act and the Family Court shall be at liberty to proceed with the disposal of the said proceeding independently of any of the observations made by this Court in this judgment.




Uttaranchal High Court

Sonal vs Deepak Khanna And Another on 13 July, 2017


Madras High Court

R.Mala vs K.E.Thomas)


Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/ Civil/ matters   and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Family/civil courts, HC……




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