DILIP KUMAR Vs. LUXMI DEVI

JUDGEMENT

(1.) This application under Section 115, C.P.C. Ts directed against an order dated 4.7.1996 of the Judge, Family Court, Kanpur Nagar, in Case No. 61 /70 of 1996. It appears mat in a proceeding under Section 25 of me Guardians and Wards Act for custody of me child of the parties, the Family Court has issued a search warrant under Section 97 of the Cr. P.C. and compelled me production of minor Aditya Kumar, a 2 years old son of the parties. By the impugned order the Family Court had entrusted the interim custody of the boy with his mother Smt. Luxmi Devi the present opposite party, who has me applicant before the Family Court. He further directed that me claim of the parties would be heard on31.7.1996 on which date Smt. Luxmi Devi was to produce the boy in Court.

(2.) It was submitted mat the Court had no jurisdiction to cause production of the boy by a warrant under Section 97, Cr.P.C. and the order was one under Section 12 of the Guardians and Wards Act and it would be a final order under Section 48 of the said Act, it was stated that this order under Section 48 would be open to revision.

(3.) The learned Counsel relied on a decision of the Calcutta High Court as reported in A.I.R. 1931 Calcutta at page 59. Here was a case where an order was made appointing a guardian. A party to the proceeding desired to put fresh facts before me Court and to bring to the notice of the Court circumstances which might throw a different light on me matters. The Court refused to hear on the fresh facts and it was held that it was a fit case for interference under Section 115, C.P.C.