RAMESH KUMAR SHRIVASTAVA Vs. VIJAY KUMAR SHRIVASTAVA

JUDGEMENT

(1.) THEY are heard. This revision is directed against the order dated 23. 11. 1998 in Guardians and Wards Case No. 51 /98, passed by IVth Additional District Judge, Jabalpur. The impugned order dated 23. 11. 1998 decides the application under Order 39, Rules 1 and 2 of the Code of Civil Procedure as well as an application for grant of interim custody of the child Amit @ Sonu Shrivastava, aged about 7 years.

(2.) THE Trial Court has rejected the application under Order 39, Rules 1 and 2 of the Code of Civil Procedure and has allowed the application under Section 12 of Guardians and Wards Act, 1890 (henceforth "the Act"), directing the interim custody of the child Amit @ Sonu Shrivastava in favour of the non-applicants who are the father and grand-father of the child respectively. For this purpose, the Court had fixed the date for production of the child on 7. 12. 1998. Thereafter, by order of this Court dated 8. 12. 1998, passed in this revision, the operation of the impugned order dated 23. 11. 1998 was stayed and, therefore, it was not necessary for the applicants to produce the child before the Trial Court on 7. 12. 1998.

(3.) THE main ground that has been raised in this revision is regarding the jurisdiction of the Trial Court for grant of interim custody of the child as well as the jurisdiction to decide the case finally under the provisions of the Act.