Court No. - 3
Case :- FIRST APPEAL No. - 293 of 2018 Appellant :- Ajay Kumar Sharma Respondent :- Smt. Sonal @ Salu Counsel for Appellant :- Kamlesh Kumar Dwivedi
Hon'ble Pankaj Mithal,J. Hon'ble Rajiv Joshi,J.
Heard Sri K.K. Dwivedi, learned counsel for the defendant-appellant.
The appellant husband had instituted a suit for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act). The suit was decreed ex parte. The respondent wife applied for setting aside the aforesaid ex parte decree by means of application paper No.9Ga.
The Family Court below by the impugned order dated 24.03.2018 has invited objections from the appellant husband and fixed a date for the disposal of the above application.
In doing so the court below under the facts and circumstances of the case as on the strength of the ex parte decree the appellant husband intended to remarry, has stayed the operation of the ex parte decree for the time being.
The aforesaid order dated 24.03.2018 passed on the application paper No.9Ga is an interlocutory order and is not an order of the final nature which determines the rights of the parties in any manner. The appeal under Section 19 of the Act is not maintainable against interlocutory orders.
The appellant-husband may appear before the family court and file his objections to the above application paper No.9Ga and get it decided most expeditiously.
The appeal is dismissed as not maintainable.
Order Date :- 24.4.2018 piyush