List of fresh cases has been revised. Nobody is present on behalf of petitioner.
The petitioner has preferred present petition inter-alia with the prayer to set aside the order dated 01.11.2019 passed by the Additional Principal Judge, Family Court, Jhansi, in Original Case No.1278 of 2018 (Arvind Kumar Vs. Smt. Anita).
It appears from perusal of the record that in Case No.1278 of 2018 filed by the present petitioner an application was filed by the defendant Smt. Anita Devi being Application No.10-A under Section 24 of the Hindu Marriage Act along-with an affidavit being Paper No.11-C-2. The aforesaid application was allowed by the Additional Principal Judge, Family Court, Jhansi, vide judgement and order dated 01.11.2019. By the aforesaid order directions were given to the present petitioner to make the payment of Rs.2,000/- per month as interim maintenance and Rs.3,000/- expenses towards litigation. Under Section 19 of the Family Court Act, 1984 it is provided that an appeal shall lie against every judgement and order of a family court to the High Court both on facts and on law. Section 19 of the Family Court Act, 1984 is reproduced hereinbelow :-
"19. Appeal.- (1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law.
(2) No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties [or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974):
Provided that nothing in this sub-section shall apply to any appeal pending before a High Court or any order passed under Chapter IX of the Code of Criminal Procedure 1973 (2 of 1974) before the commencement of the Family Courts (Amendment) Act, 1991].
(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Family Court.
[(4) The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and, as to the regularity of such proceeding.] [(5)] Except as aforesaid, no appeal or revision shall lie to any court from any judgment, order or decree of a Family Court.
[(6)] An appeal preferred under sub-section (1) shall be heard by a Bench consisting of two or more Judges."
In view of the same, Court is of the opinion that present petition is not maintainable.
Accordingly, present petition is dismissed with liberty to the petitioner to file appropriate appeal, if so advised, as provided under Section 19 of the Family Court Act, 1984.
Office is directed to return certified copy of the order after keeping photo-copy of the same in the record.
Order Date :- 19.2.2021 Pramod Tripathi