Court No. - 34
Case :- FIRST APPEAL No. - 878 of 2019 Appellant :- Chaudhary Saurabh Kumar Respondent :- Pooja Counsel for Appellant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Manoj Kumar Tripathi, Advocate for appellant and perused the record.
2. This appeal under Section 19 of Family Courts Act, 1984 has arisen from judgment and order dated 18.10.2019 passed by Principal Judge, Family Court, Bijnor in Marriage Petition No. 888 of 2015, under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as "Act, 1955").
3. The order was passed by Principal Judge, Family Court, Bijnor on 24.11.2016 on an application filed under Section 24 of Act, 1955 providing interim maintenance to respondent-wife. Appellant filed application for revocation/ recall of said order and that has been rejected by order dated 18.10.2019.
4. We repeatedly asked from learned counsel for appellant to show as to under which provision recall or review of an order passed under Section 24 of Act, 1955 was permissible before Court below but he could place no provision permitting such recall or review of an order passed under Section 24 of Act, 1955. The application, therefore, has rightly been rejected by Court below.
5. We find no merit in appeal. Dismissed accordingly at the stage of hearing under Order 41 Rule 11 C.P.C.
Order Date :- 19.12.2019 AK