Whether order of custody of child is interlocutory?
Section 26 of the Act is, therefore, intended to enable the Court to pass suitable orders from time to time to protect the interest of minor child (ren). It was incumbent upon the court below to consider the custody and visitation rights of one of the parents in the matter of custody of a child. Any court must remember that it is dealing with a very sensitive issue in considering the nature of care and affection that a child requires in the growing age. It is on account of this reason, the custody orders have been held to be interlocutory orders and they are capable of being altered or moulded or amended keeping in mind the requirement of a child.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 862 of 2016 (M/S)
Decided On: 20.06.2016
Appellants: Ashwin Chaudhry
Vs.
Respondent: Kiran Chaudhry
Vs.
Respondent: Kiran Chaudhry
Hon'ble Judges/Coram:Umesh Chandra Dhyani, J.