Dismissed¶28

Smt. Fahim Taj S v. Sri. Javeed Pasha

Karnataka HC5 Feb 2026MFA/592/2026

Case brief

AI extract

What is this about?

Karnataka HC (DB: Jayant Banerji & T.M. Nadaf JJ.) dismisses MFA No. 592 of 2026 (GW) as not maintainable: interlocutory order under Section 12, Guardians and Wards Act, 1890, not appealable under Section 47 of the Guardians and Wards Act or Section 19 of the Family Courts Act, 1984; arises from G & WC.No.152/2024, III Additional Prl Judge, Family Court Bengaluru; parties Fahim Taj S. v. Javeed Pasha; keywords: maintainability, interlocutory order, guardianship and wards, IA Nos.7 and 8, office objection.

What did the court decide?

The impugned order was passed under Section 12 of the Guardians and Wards Act, 1890 and is an interlocutory order. ¶23

Smt. Fahim Taj S Vs Sri. Javeed Pasha — Child Custody and Guardianship | Karnataka HC (2026)

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NC: 2026:KHC:6854-DB MFA No. 592 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF FEBRUARY, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE JAYANT BANERJI

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AND

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THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 592 OF 2026 (GW)

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BETWEEN:

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Digitally Signed by REKHA R Location : High Court of Karnataka

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SMT. FAHIM TAJ S., D/O. KHALEEM ULLA, W/O. JAVEED PASHA, AGED ABOUT 38 YEARS, R/AT NO.25, 8^TH CROSS, KEMPEGOWDA LAYOUT, RK HEGDE NAGAR, BANGALORE - 560 077. PRESENTLY RESIDING AT: NO.17, 13^TH CROSS, KALANAGAR, KAMMANAHALLI, JALAHALLI WEST, BANGALORE - 560 015. …APPELLANT (BY SRI. SENTHIL KUMAR D.V, ADVOCATE)

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AND:

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SRI. JAVEED PASHA, S/O. MOHAMMED RAFI, AGED ABOUT 42 YEARS, R/A NO 18, 4^TH CROSS, EX-SERVICEMEN LAYOUT, R.K.HEGDE NAGAR, BANGALORE - 560 077.

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…RESPONDENT

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NC: 2026:KHC:6854-DB MFA No. 592 of 2026

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HC-KAR

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THIS MFA IS FILED UNDER SECTION 19 OF FAMILY COURTS ACT, 1984 R/W SECTION 28 OF HINDU MARRIAGE ACT 1955, AGAINST THE ORDER DATED: 19.12.2025 PASSED ON IA.NOS.7 AND 8 IN G & WC.NO.152/2024 ON THE FILE OF THE III ADDITIONAL PRL JUDGE, FAMILY COURT BENGALURU.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

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There is an office objection raised as to the maintainability of the appeal on the ground that the order passed is under Section 12 of the Guardians and Wards Act, 1890, is an interlocutory order and is not appealable under Section 47 of the Guardians and Wards Act, as well as under Section 19 of the Family Courts Act, 1984.

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NC: 2026:KHC:6854-DB MFA No. 592 of 2026

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HC-KAR

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