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Can A Respondent In gaurds And Wards Petition Seek Interim Relief
03-Mar-2026 (In Child Custody Law)
My spouse has filed gaurds and wards petitions under sections 7 to 25 of GWA. As a respondent can I file interim application seeking interim relief under section 12 of gaurdians and wards act to protect the passports of minors? Please suggest
Yes, as a respondent in a petition under Sections 7–25 of the Guardians and Wards Act, 1890, you are entitled to seek interim relief.
Section 12 of the Act empowers the Court to pass interlocutory orders for the temporary custody and protection of the minor and his/her property pending disposal of the main petition. Protection of the minors’ passports, including directions restraining removal of the children from India without Court permission and directing deposit of passports in Court, can be sought under this provision.
You may file an interim application praying for:
Direction to deposit the minors’ passports in Court;
Restraining the petitioner from taking the children out of jurisdiction without prior Court approval;
Intimation to the Passport Authority, if necessary.
The Court will decide based on the welfare of the child, which is the paramount consideration.
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Adv. Abdullah Akhtar
Delhi | 100+ Answers
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Yes an interim relief can be granted under the Guardians and Wards Act
Section 12 of the act specifically empowers the Court to grant interim relief wherever the production of minors and/or the protection of their person or property is concerned
In this particular case, an Interim Application is definitely maintainable and interim relief can be very well sought.
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Adv. Shambhavi Sharma
Delhi | 50+ Answers
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Yes, as a respondent in a Guardians and Wards Act (GWA) proceeding, you can file an interim application under Section 12 of the Guardians and Wards Act, 1890, seeking directions to protect the minors' passports to prevent removal from jurisdiction. This section allows for temporary custody and protection of the minor's person or property.
Purpose of Section 12:- It empowers the court to make interlocutory orders for the production of the minor and the interim protection of their person and property, which includes safeguarding passports
File an interim application (IA) along with a supporting affidavit explaining the apprehension of the children being taken away illegally or without consent.
You can specifically request the court to direct the deposit of passports with the court or prohibit their release to the spouse.
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Adv. Sakshi Mishra
Delhi | 25+ Answers
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yes you can. section 7 read with sec 12, a child’s welfare is the most important while granting custody and during the pendency you can request the deposit of passport in the court so none can use it to remove child/ren from jurisdiction of the family court
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Adv. Apoorva
Delhi | 25+ Answers
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