Supreme Court · 2010 INSC 7 · Decided 5 January 2010
Athar Hussain v. Syed Siraj Ahmed & ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 7 · [2010] 1 S.C.R. 49
- Case number
- CIVIL APPEAL No. 11/2010
- Decided
- 5 January 2010
- Bench
- TARUN CHATTERJEE, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Guardian and Wards Act, 1890 - ss. 7, 9, 17 and 12 - Interim custody of minor Muslim children - Death of mother A B of minor children, girl aged 13 years and boy aged 5 years - C Re-marriage of father - Application by maternal relatives for appointment as guardian and interim custody of minor 9 and 17 - Family court granting interim injunction against father restraining him from interfering with the custody - Vacation of interim order- D Set aside by High Court - Interim custody granted to maternal relatives till the disposal of the proceedings - On appeal, held: Custody is distinct
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