Repealed or not in force · As amended up to 2026-08
111. On the day appointed for the 11ea.ring of the petition or a.s soon aftel. as may be practicable, the Court sliall hear the statements Court, after hearing statements of the parties, of the parties or their agents if tliey appear by agents, and kc., to make order regadillgcustodyorgnardianship SUC~I evidencc as they or their %elits may adduce, and of-minor. thereupon shall proceed to nlalre such order as it sliall
think fit in respect to the custody or guardia.nship of sucli niiiior and the costs
of the case.
IV. In cases in~titut~ed ulicler t.his Act, t11.e Court shall be guided by the procedure prescribed in Act TTIII of 1859 ( f o ~ s i n ~ l i - Procedure. fying. the Proceclure `of` the Courts of C'ivil Judicature not ' established by Roynl Cllartsi.) in so far as the same shall be applicable and material ; and any order made by the Court ma'y be enforced as if such order had been made in a regular suit.
V. ALI appeal shall lie to the Sudder Court from any order lnnde by a lowor Coi~rt, under t,his Act, irntlr,r Ille rules apl~li~ahle to Appeal. regular appeals to such Sudder Court, except that the petition of appeal nlsy be written on a stamp paper of the val~re prescribed for petitions to the Sudder Court.
VI. Aiiy order passed under this Act iu respect to Orders passed under this a c t not liable to be conthe cust.ody or guardianship of a minor, shall not be tested in a regular suit. liable to be coiltested in `x` reglllar suit.
VII. Nothing in this Act si~all be talren to interfere with the jurisdiction exercised ulider the Laws in forct2 by any Supreme Court Sauiug of lax-a. of Judicature or tlie Courts oC ?Vards ; or under Act XXI of 1 8 5 5 _( f i r nzaking bettel* provisio~z for the education of nzale minors and the nzcr~~*icrge o_f llzn1e c172rl,fcn?,a?fi nzinors, subject to the superiniuldw~.ce of the Coztrt of l~fiwclsi~z the- I'v.es.ide~zcy of Fovt Saint George), slid Act XL of 1858 ( f i r_
.
I
Source: India Code