The Single Judge permitted the appellant to convert a filed Civil Miscellaneous Application into a Miscellaneous Appeal within three weeks, acknowledging the counsel's submission regarding the finality of the impugned order.
The Civil Miscellaneous Application was converted into a Miscellaneous Appeal within three weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1584 of 2016
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| Dinesh Kumar .... .... Appellant/s Versus Pooja Kumari .... .... Respondent/s ====================================================== |
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| Appearance : |
| For the Appellant/s : Mr. Arvind Kumar Pandey |
| For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO |
| ORALORDER |
2 09-01-2017 The learned counsel for the petitioner submitted that by the impugned order dated 14.09.2016, the Divorce Case No. 129 of 2016 has been rejected on the ground that the petitioner may file the divorce case before the competent court. Therefore, according to the learned counsel for the petitioner, the impugned order is final order whereby, the divorce case has been disposed of. Therefore, Appeal under Section 19 of the Family Court Acts 1984 is maintainable. However, by mistake he has filed this Civil Miscellaneous Application and accordingly, he seeks to convert this Civil Miscellaneous Application to Miscellaneous Appeal.
In view of the submission of the learned counsel for the petitioner, the petitioner is permitted to convert this Civil Miscellaneous Application to Miscellaneous Appeal within three weeks.
(Mungeshwar Sahoo, J)
ajaypd./U
2 issues framed by the court
Whether the civil miscellaneous application should be converted into a miscellaneous appeal under Section 19 of the Family Courts Act, 1984.
Whether an order rejecting a divorce case for jurisdictional reasons and disposing of it constitutes a final order attracting appeal remedy under Section 19 of the Family Courts Act, 1984.
Dinesh Kumar
Pooja Kumari
Mungeshwar Sahoo
As recorded by the court registry
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