Court No. - 3
Case :- FIRST APPEAL No. - 407 of 2018 Appellant :- Ashish Chatterje And Another Respondent :- Smt. Deepti Chatterje Counsel for Appellant :- Anuj Bajpai
Hon'ble Pankaj Mithal,J. Hon'ble Rajiv Joshi,J.
Heard Sri Anuj Bajpai, learned counsel for the appellant- husband.
The appellant-husband has preferred this appeal under section 19 of the Family Courts Act, against two orders dated 6.4.2018 and 17.5.2018 passed by the Family Court at Varanasi.
First of all, this appeal against two orders is not maintainable.
The first order challenged in the appeal is the order dated 6.4.2018. The said order directs the appellant-husband to allow the wife to meet the minor daughter on second and fourth Sunday between 12 to 2 p.m. in I.P. Mall, Varanasi. The aforesaid order is interlocutory order which permits meeting of the mother with her minor daughter. It does not adjudicate any substantive right of the parties finally. In view of the above, the appeal against the said order is not maintainable under section 19 of the Family Courts Act.
The other order challenged in the appeal is order dated 17.5.2018, by which application of the appellant-husband dated 17.5.2018 for recall of the order dated 6.4.2018 has been rejected. The appellant no. 1-husband moved the said application on the ground that he was not given opportunity of hearing before passing the said order. The order dated 6.4.2018 clearly states that the parties to the proceedings were present. In view of the above, the order was passed in presence of the parties. It is not the case of the appellant-husband that his presence has been incorrectly recorded in the order.
In view of the above, the court below has rightly refused to recall the order dated 6.4.2018.
The appeal as such is not maintainable and has no merit. It is accordingly dismissed.
Order Date :- 28.5.2018 SNT/