LAWS(KER)-1994-1-44

KANHIKKAMTHOPPU PARAMBIL RADHA Vs. KONDARAPPATT VELAYUDHAN

Decided On January 18, 1994
KANHIKKAMTHOPPU PARAMBIL RADHA Appellant
V/S
KONDARAPPATT VELAYUDHAN Respondents

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 Section 25 of the Guardians and Wards Act, 1890. In that the revision petitioner filed I.A. 567 of 1993 under Section 10 read with Section 151 CPC for staying of 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 Section 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 Section 48 of the Guardians and Wards Act, 1890 read with Section 3 thereof, a revision since is maintainable against interlocutory order passed under the Guardians and Wards Act, and since under Section 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 him Section 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. Section 48 of the Guardians and Wards Act reads: