Ms. Manju Srivastava v. Shri Sandeep Srivastava & ANR.

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 622/2025 & CM APPL.19751/2025, CM APPL.19752/2025 MS. MANJU SRIVASTAVA .....Petitioner Through:

Ms. Sarika Jetley Kochar, Advocate.

versus SHRI SANDEEP SRIVASTAVA & ANR.

.....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 03.04.2025 1.

Petitioner is defending a Guardianship Petition filed by her husband.

2.

The custody of the child of the parties is with the mother i.e. petitioner herein.

3.

The father of the child, while filing the abovesaid Guardianship Petition, had moved an application under Section 12 of Guardians and Wards Act, 1890 seeking interim custody of his minor child and, while dealing with such application, the learned Judge, Family Court has granted overnight custody of such child for one day. 4.

Such order is under challenge.

5.

Clearly, the abovesaid order dated 01.04.2025 has been passed by the learned Judge, Family Court while considering an application moved under Section 12 of Guardians and Wards Act, 1890. Since the CM(M) 622/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

order in question is not a procedural one and by virtue of the abovesaid order, overnight custody of the child has been granted, such order can be challenged only by filing an appeal under Section 19 of Family Courts Act, 1894. Reference, in this regard, be made to Dr. Geetanjali Aggarwal vs. Dr. Manoj Aggarwal: 2024 SCC OnLine Del 7220. 6.

In view of the above, let the present petition be registered as Matrimonial Appeal and keeping in mind the urgency cited at the bar, it may be placed before the concerned Division Bench, today itself. MANOJ JAIN, J APRIL 3, 2025 st/js CM(M) 622/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.