The High Court dismissed an appeal filed under Section 19 of the Family Courts Act against an interlocutory order directing police suspension for personal appearance. The court held the appeal non-maintainable as it was filed against an interim order, not a final judgment.
The appeal is dismissed as not maintainable for being filed against an interlocutory order.
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Court No. - 32
Case :- FIRST APPEAL DEFECTIVE No. - 202 of 2020
Appellant :- Lokendra Respondent :- Sangeeta Rani Counsel for Appellant :- Rakesh Kumar Mishra
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
Heard the learned counsel for the appellant and perused the record.
This appeal under Section 19 of the Family Courts Act, 1984 has been filed against the order dated 5.8.2020 passed by the Principal Judge, Family Court, Hathras in Case No. 373 of 2017 (Sangita Rani Vs. Lokendra Singh), District Hathras whereby SSP, Bulandshahar has been directed to suspend the petitioner to enable him to appear before the Court on 7.9.2020.
As per report of the Stamp Reporter there is deficiency of Rs. 32.50 paise with respect to Court fee.
In view of the above, the petitioner is directed to make good the deficiency of Court fee as reported by the Stamp Reporter during the course of the day.
Stamp Reporter has further submitted his report that the present appeal under Section 19 of the Family Courts Act, 1984 is not maintainable.
A perusal of the impugned order indicates that a direction has been issued to the SSP, Bulandshahar by Court below for suspending the appellant, who happens to be Sub-Inspector in the Police Department for ensuring his presence before the Court who was avoiding to appear before the Court wherein a petition for maintenance under Section 125 CrPC is pending.
A perusal of Section 19 of the Family Courts Act, 1984 reveals that an appeal can be filed by the parties only against a final judgment or order and no appeal can be filed against an interlocutory order. Admittedly, the order impugned is not a final order, as such, the appeal preferred against the impugned order is not maintainable.
Consequently, the appeal is dismissed as not maintainable.
Order Date :- 10.9.2020/vinay
2 issues framed by the court
Whether an appeal under Section 19 of the Family Courts Act, 1984 is maintainable against an interlocutory order.
Whether a deficiency in court fee renders an appeal maintainable.
1 provisions across 1 enactments
Lokendra
Sangeeta Rani
Shashi Kant Gupta
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
