Shri Niwas v. Rajni
Case brief
What is this about?
This Letters Patent Appeal against a Single Judge's order granting maintenance pendente lite was dismissed as not maintainable. The Court held that Section 100A of the CPC bars further appeals from Single Judge orders in first appeals under special enactments like the Hindu Marriage Act.
What did the court decide?
The Letters Patent Appeal was dismissed as not maintainable under Section 100A of the CPC.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- LPA 426/2016 & C.M. No. 27519/2016 (stay)
SHRI NIWAS .....Appellant Through : Mr. K.G. Bhagat, Advocate.
Versus
RAJNI ....Respondent Through : None.
CORAM: HON'BLE THE CHIEF JUSTICE HON’BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
O R D E R % 09.09.2016 C.M. No. 27521/2016 (delay) , C.M. No. 27523/2016 (delay in re-filing)
Heard.
In view of the facts and circumstances explained, the delay in filing as well as the re-filing is condoned and the applications are disposed of.
LPA No. 426/2016
- This appeal is preferred under clause 10 of the Letters Patent against the order of the learned Single Judge dated 02.12.2015 in CM No.5191/2015 in MAT.APP No. 5/2015. It is not in dispute that the main Matrimonial Appeal which arises out of the order of Family Court dismissing the petition filed by the Appellant herein under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage, is still pending. By the order under appeal, the learned Single Judge disposed of the application filed by the
Issues for consideration
2 issues framed by the court
Whether a Letters Patent Appeal under clause 10 of the Letters Patent is maintainable against an order passed by a Single Judge on a miscellaneous application pending a matrimonial appeal under Sectio
Whether Section 100A of the Civil Procedure Code bars a further appeal from the judgment of a Single Judge in a first appeal arising under a special enactment.
Parties & counsel
- appellant
Shri Niwas
- respondent
Rajni
Coram
Sangita Dhingra Sehgal
Case details
As recorded by the court registry
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