In a later lawful advancement, the Delhi High Court conveyed a choice on October 16, 2024, in MAT.APP.(F.C.) 126/2019. The case rotated around the complex issues of child care and parental appearance rights. The mother, who had at first been allowed guardianship of the minor child by the Family Court, challenged an arrange that allowed the father to choose up the child every day from her domestic some time recently school and return the child by evening. The father was moreover coordinated to bear the instructive costs of the child.
The central lawful issue within the case was whether this interlocutory arrange may be offered under Section 19(1) of the Family Courts Act, 1984. The mother fought that moving the child to a school close the father's home damaged the existing care course of action, affecting the child's welfare and her rights as a mother.
A full bench of the Delhi High Court, presided over by Justices Rekha Palli, Jasmeet Singh, and Amit Bansal, was formed to determine the differing interpretations of appealability of such interlocutory orders. The court had to consider whether interim rulings regarding custody and visitation rights, which are not final but have a major impact on the child's daily life, might be challenged.
In its decision, the court highlighted that, while interlocutory decisions are typically not appealable under Section 19(1) of the Family Courts Act, an exception must be granted for measures that have important significance for the child's welfare and the parents' rights. The court found that such directives are more than just procedural and should be appealed due to their possible long-term influence on the child's well-being.
The ruling overturned earlier precedents that had barred such appeals, marking an important shift in how courts handle child custody matters.
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TAGS: Delhi High Court child custody visitation rights Family Courts Act interlocutory order appeal child welfare parental rights
