HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL DEFECTIVE No. - 1067 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE SATYA VEER SINGH, J. 1. Mr. Triloki Nath Tiwari, learned advocate appears on behalf of applicant-appellant (father). He submits, his client sought custody of the daughter presently aged about 7 years, from respondents, who are the maternal grand parents. Wife of his client committed suicide. There is criminal case pending against his client and he is out on bail. He submits, his client being natural guardian is entitled to have custody. Hence, he is aggrieved by judgment dated 2nd August, 2025 of the Family Court rejecting his application. The appeal was presented on reported delay of 25 days. Application has been made for condonation. 2. On query Mr. Tiwari submits, impugned judgment was made on application for interim custody. The main proceeding is sill pending. 3. There has been view taken on judgment dated 17th July, 2025 passed by a Bench, in which one of us was party, (Arindam Sinha, J.), in First Appeal no. 285 of 2025 (Dr. Prakhar Kumar v. Dr. Aditi Dhaundiyal) that the Family Courts Act, 1984 provides only one right of appeal and, therefore, from the final order. In this case the custody battle is Versus Counsel for Appellant(s) : Triloki Nath Counsel for Respondent(s) : Pravin Kumar Pandey .....Appellant(s) Pawan Kumar Pandey And Another .....Respondent(s) yet to be decided. Hence, impugned judgment is interlocutory in nature though section 12 in Guardians and Wards Act, 1890 has not been invoked by applicant nor referred to by the Family Court in the judgment. Applicant must find his remedy by filing Civil Misc. Writ Petition. 4. The appeal is dismissed as not maintainable. Accordingly, the application is also dismissed. This will, however, not prevent applicant from finding his remedy in law. October 8, 2025 sailesh FAPLD No. 1067 of 2025 2 (Arindam Sinha,J.) (Satya Veer Singh,J.) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad