Court No. - 44
Case :- FIRST APPEAL No. - 783 of 2021 Appellant :- Prakash Chandra Mishra Respondent :- Tanya Mishra Counsel for Appellant :- Rahul Pandey
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Krishan Pahal,J.
Heard learned counsel for the appellant.
The present appeal has been filed under Section 19 of the Family Courts Act, 1984 (In short as "the Family Courts Act") to challenge the judgment and order dated 10.8.2021 passed by the Family Court in Misc. Petition No. 957 of 2019 (Prakash Chandra Mishra vs. Tanya Mishra) filed under Section 13-B of the Hindu Marriage Act (In short as "the Act"), whereby the application under Order XIX Rule 2 readwith Section 151 CPC, paper no. 28Ga-2 for cross-examination of the respondent-wife filed by the appellant had been rejected.
Before entering into the merits of the appeal, we may note that the order impugned is an interlocutory order passed on an application moved by the appellant in the proceeding under Section 13-B of the Act before the Family Court.
From a bare reading of the provisions as contained in Section 19(1) of the Family Courts Act, it is evident that the appeal under Section 19 of the Family Courts Act is not maintainable against an interlocutory order of the Family Court to the High Court both on facts and on law.
For the aforesaid, we dismiss the present appeal as not maintainable.
Order Date :- 26.10.2021 Brijesh