This single bench dismissed the appeal at the admission stage, holding that an appeal under Section 19(2) of the Family Courts Act, 1984 is not maintainable when the underlying decree was passed with the consent of the parties.
Appeal dismissed at the admission stage; Section 19(2) of the Family Courts Act bars appeal for consent decrees.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
FA(MAT) No. 209 of 2023
---- Appellant
Versus
---- Respondent
For Appellant
:Shri Ashutosh Trivedi, Advocate
DB: Hon'ble Shri Justice Goutam Bhaduri &
Hon'ble Shri Justice Sanjay S. Agrawal,JJ Order On Board
Per Goutam Bhaduri, J.
04.08.2023
“ 19 .(2) No appeal shall lie from a decree or order passed by the Family
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Court with the consent of the parties [or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973(2 of 1974);
Provided that nothing in this sub-section shall apply to any appeal pending before a High Court or any order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) before the commencement of the Family Courts (Amendment) Act, 1991]”.
Sd/-
Sd/-
(Goutam Bhaduri) (Sanjay S. Agrawal) JUDGE JUDGE
sunita
3 issues framed by the court
Whether an appeal under Section 19(2) of the Family Courts Act, 1984 is maintainable when the decree was passed with the consent of parties.
Whether a challenge lies against a decree passed by consent on grounds of inconsistency between judgment and decree.
Whether Section 13(B) decree passed with consent can be challenged under appeal.
2 provisions across 2 enactments
Abhinav Shrivastav
Smt. Akasnsha Shrivastav
Goutam Bhaduri
Sanjay S. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
