Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 1115 of 2019 Petitioner :- Rajesh Kumar Respondent :- Smt. Sandhya Counsel for Petitioner :- Ramesh Kumar Chaurasia
Hon'ble Anil Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of the present writ petition, the petitioner has challenged the impugned order dated 12.10.2018 passed by Principal Judge, Family Court, Varanasi in Misc. Case No.64 of 2016 "Sandhya Devi vs. Rajesh Gond".
Facts in brief of the present case are that initially, petitioner filed case bearing no.1059 of 2013 under Section 13 of Hindu Marriage Act, decided by order dated 14.09.2015. Aggrieved by the said order, respondent filed Case No.64 of 2016 under Order 9 Rule 13 C.P.C. along with delay condonation application to which petitioner filed his objection. Petitioner also filed a case no.3 of 2018 which is pending.
Vide order dated 12.10.2018, learned Principal Judge, Family Court did not consider the objection of the petitioner and recall the order dated 14.09.2015. Aggrieved by the same, petitioner has filed the petition.
The first and foremost question which is to be considered in the present case is that whether the impugned order so passed under the provisions of Section 14 of Family Courts Act, 1984 can be challenged by filing under Article 227 of the Constitution of India or not.
The answer to the above said question is negatived as per Section 19 (1) of Family Courts Act, 1984, which reads as under :-
"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 or 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."
Thus, taking into consideration the provisions of Section 19 (1) of Family Courts Act, 1984, the order under challenge in the present case is not an interlocutory order as the petitioner has got statutory remedy available to him to challenge the order dated 12.10.2018 by filing an appeal under the said section.
For the foregoing reasons, the present petition is dismissed as the same is not maintainable under Article 227 of the Constitution of India.
However, as prayed, petitioner is given at liberty to file an appeal before appropriate court, if so advised, for redressal of his grievances.
Order Date :- 22.2.2019 Mahesh