By Niyati Dhiman

In a significant ruling, the Delhi High Court determined that orders passed under Section 12 of the Guardians and Wards Act, 1890 (GW Act) are appealable under Section 19 of the Family Courts Act, 1984 (FC Act). A Full Bench, comprising Justice Rekha Palli, Justice Jasmeet Singh, and Justice Amit Bansal, was constituted to address this issue following a reference order by a Division Bench in a matrimonial case. The Full Bench agreed with the appellant and the learned Amicus Curiae, stating that the previous ruling in Colonel Ramesh Pal Singh v. Sugandhi Aggarwal had incorrectly held that an order under Section 12 of the GW Act was not appealable under Section 19 of the FC Act.

The matter stemmed from a Division Bench’s hesitation in accepting the earlier decision, where it was ruled that an order passed under Section 12 of the GW Act during the pendency of family court proceedings would be considered interlocutory and thus not appealable. The Full Bench observed that a contrary decision had been made in Manish Aggarwal v. Seema Aggarwal, and thus, it was necessary to reconsider the earlier judgment. The case involved a petition filed by the father of a minor child, who sought the child’s temporary custody and school admission. The child’s mother had previously sought custody, and the court was required to decide on matters affecting the child’s welfare.

The Full Bench clarified that the Family Courts Act does not define what constitutes an interlocutory order. However, it emphasized that any order under Section 12 of the GW Act, which concerns temporary custody of a child, directly impacts the rights of the parents and the child. Therefore, such orders should be considered appealable under Section 19 of the FC Act, as they touch on matters of significant consequence. The court added that labeling an order as interlocutory under one statute does not necessarily apply to the Family Courts Act, which was intended to provide a broader avenue for appeals.

In its ruling, the Full Bench stated that when an order passed by a Family Court is appealed, the court must assess whether the order addresses the vital rights of the parties. If the order adjudicates important issues rather than being procedural, an appeal should be allowed, irrespective of whether the order was made during the ongoing proceedings.

Cause Title: Geetanjali Aggarwal Vs. Manoj Aggarwal, Delhi High Court

Citation: 2024:DHC:7994-FB

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