(1) The Court may direct that the person, if any, having the custody of the minor shall produce him or cause him to be produced at such place and time and before such person as it appoints, and may make such order for the temporary custody and protection of the person or property of the minor as it thinks proper.
(2) If the minor is a female who ought not to be compelled to appear in public, the direction under sub-section (1) for her production shall require her to be produced in accordance with the customs and manners of the country.
(3) Nothing in this section shall authorise—
(a) the Court to place a female minor in the custody of a person from whose custody she is enticed away; or
(b) the Court to commit the care of a female minor to a male guardian unless he is closely related to her.
Legal Commentary & Landmark Judgments: Section 12
Section 12 of the Guardians and Wards Act, 1890 empowers the court to make interlocutory orders for interim custody and protection of minors.
The statutory proviso to sub-section (1) provides that nothing in this section shall authorize the court to place a female minor in the temporary custody of a person from whom she is protected by personal law, or commit a child to the custody of any person other than the parents without urgent necessity.
Section 12 is the primary vehicle for obtaining immediate interim relief, visitation schedules, and school holiday access while long-drawn custody trials are pending. Courts frequently pass structured interim orders granting weekend visitation, video calling rights, and festival shared access under Section 12 to ensure continuous parental contact.