Law: Guardians and Wards Act, 1890

Section: 12

(a) Guardians and Wards Act (VIII of 1890)--- ----S.12---Interlocutory order for production of minor---Interim protection of person and property---Scope---Section 12 of the Guardians and Wards Act, 1890, empowers the Court to direct a person to produce a minor before the Court and then the court can pass order for the temporary custody of the minor---It has to be kept in view that this order is only regarding temporary custody, which is usually passed at the time when the evidence is not produced before the court---Such order must be passed keeping in view the welfare of the minor, but at the same time complete judgement without recording evidence must be avoided---Order under S. 12 of Guardians and Wards Act, 1890, should not become the order passed under S. 25 of Guardians and Wards Act, 1890, determining the rights of the parties in respect of the custody of minor. (b) Guardians and Wards Act (VIII of 1890)--- ----S.12---Interlocutory order for production of minor---Interim protection of person and property---Scope---Order of temporary custody of the minor being interim in nature would be subject to decision of the main case---Same can be varied, altered or suspended by taking notice of all subsequent events and welfare of minor. (c) Guardians and Wards Act (VIII of 1890)--- ----S.12---Interlocutory order for production of minor---Interim protection of person and property---Scope---Section 12 of the Guardians and Wards Act, 1890, provides that the Guardian Court can make interlocutory order and grant the custody of the minors on interim basis---Language used in the provision clearly implies that the nature of the order so passed by Guardian Judge is interlocutory and the custody of minor granted under this provision is interim in nature. (d) Words and phrases--- ---Interim---Meaning. Advance Law Lexicon 4th Edition, Volume 2 and Blacks Law Dictionary, Tenth Edition rel. (e) Words and phrases--- ----Interlocutory---Meaning. Advance Law Lexicon 4th Edition, Volume 2 and Blacks Law Dictionary, Tenth Edition rel. (f) Guardians and Wards Act (VIII of 1890)--- ----S.12---Interlocutory order for production of minor---Interim protection of person and…

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