Madhya Pradesh High Court
Nisha Parveen vs Shami Ul Ishlam on 17 February, 2026
Author: Hirdesh
Bench: Hirdesh
1 MP-941-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
MP No. 941 of 2026
(NISHA PARVEEN Vs SHAMI UL ISHLAM )
Dated : 17-02-2026
Shri Rishikesh Bohare - Advocate for the petitioner.
Heard on the question of maintainability.
This Miscellaneous Petition has been filed by the petitioner
challenging the order dated 18.11.2025 passed by the learned District Judge,
Chanderi, District Ashoknagar in MJC No. 13/2014, whereby the application
filed by the respondent under Section 12 of the Guardian and Wards Act,
1890 seeking interim relief has been allowed.
Section 47 of the Guardian and Wards Act is reproduced as under
:-
Orders appealable.-- An appeal shall lie to the High Court from an order made by a 2*** Court,--
(a) under section 7, appointing or declaring or refusing to appoint or declare a guardian; or,
(b) under section 9, sub-section (3), returning an application ; or,
(c) under section 25, making or refusing to make an order for the return of a ward to the custody of his guardian; or,
(d) under section 26, refusing leave for, the removal of award from the limits of the jurisdiction of the Court, or imposing conditions with respect thereto; or,
(e) under section 28 or section 29, refusing permission to a guardian to do an act referred to in the section; or,
(f) under section 32, defining, restricting or extending the powers of a guardian ; or,
(g) under section 39, removing a guardian ; or,
(h) under section 40, refusing to discharge a guardian; or,
(i) under section 43, regulating the conduct or proceedings of a guardian or settling a matter in difference between joint guardians, or enforcing the order ; or,
(j) under section 44 or section 45, imposing a penalty.
An interlocutory order passed under Section 12 of the Act is not included in the Signature Not Verified Signed by: PRACHI MISHRA Signing time: 2/18/2026 10:27:59 AM 2 MP-941-2026 list of appealable orders under Section 47 of the Guardian and Wards Act.
In view of the above, since no appeal is provided against an order passed under Section 12 of the Act, the present Miscellaneous Petition is maintainable. The objection raised by the Registry regarding maintainability is hereby overruled.
Issue notice to the respondents on payment of process fee by RAD as well as Ordinary mode within seven working days. Notice be made returnable within six weeks.
List after service of notice.
(HIRDESH) JUDGE Prachi Signature Not Verified Signed by: PRACHI MISHRA Signing time: 2/18/2026 10:27:59 AM