RADHA Vs. VELAYUDHAN

JUDGEMENT

(1.) Revision petitioner is the mother-in-law of the respondent. Respondent married the daughter of the revision petitioner. In the marriage two children were born. The wife died in 1988. After her death the two children are residing with the revision petitioner their grand mother. While so the respondent filed O.P.258 of 1992 for the custody of his children under Sec. 25 of the Guardians and Wards Act, 1890. In that the revision petitioner filed I.A. 567 of 1993 under Sec. 10 read with Sec. 151 C.P.C. for staying the O.P. 258 of 1992 till the investigation as to the cause of death of her daughter on the basis of a complaint filed by her is completed. Learned Judge dismissed the petition. This revision is against the said order.

(2.) A preliminary objection was taken by the respondent's counsel that the revision is not maintainable. According to him no revision is maintainable from the order under challenge as per the provisions in the Family Courts Act, 1984 (for short 'the Act'). Learned counsel for the respondent made reliance on Sec. 19(5) of the Act in support of his said contention. On the other hand, learned counsel for the revision petitioner maintained that with due regard to Sec. 48 of the Guardians and Wards Act, 1890 read with Sec. 3 thereof, a revision since is maintainable under the Guardians and Wards Act, and since under Sec. 7(1) of the Act the Family Court exercises the same jurisdiction as that of the District Court the revision is maintainable. consequently according to the Sec. 19(5) of the Act should receive an interpretation which would give effect to the aforesaid provision of the Guardians and Wards Act.

(3.) For appreciating the said rival contentions it is necessary to read the aforesaid provisions. Sec. 48 of the Guardians and Wards Act reads: