Hon'ble Yogesh Chandra Gupta,J.
This appeal has been filed under Section 19 of the Family Courts Act, 1984 against the order dated 7-8-2009 passed in case no. 642 of 2007 by the Principal Judge, Family Court, Bareilly.
Heard Sri Govind Krishna, learned counsel for the appellant under Order 41 Rule 11 C.P.C.
By the order under appeal, the court below has disposed of four applications filed by the present appellant. It appears that the present appellant has initiated proceedings for custody of the minor male child against his erstwhile wife. The parties were married and they could not pull well and subsequently a consented divorce decree was passed. Under the said consented divorce decree, it has been provided that the respondent herein (erstwhile wife) shall have the custody of minor male child. It is also not disputed between the parties that both the parties, after consented divorce decree, have re-married with different persons. The present proceedings have been initiated at the instance of erstwhile husband who is appellant herein, for custody of the minor child.
By the order under appeal, the court below has disposed of four applications filed by the erstwhile husband, the appellant herein. They were for grant of temporary custody of minor etc. We are of the opinion that against the order under appeal, the present appeal under Section 19 of the Act is not maintainable. Under Section 19 of the Act, an appeal lies from every judgment and order, not being an inter locutory order of a Family Court. We are of the considered opinion that the order under appeal is inter locutory in nature. It is not in dispute that the proceedings are still pending before the court below.
The appeal is, therefore, dismissed, being not maintainable summarily.
Order Date :- 13.1.2010 ALS