Family Courts Act, 1984 — Section 19(1) & (6) — Appeal — Order passed u/ss 24 to 27 HMA

February 26th, 2013

Family Courts Act, 1984 — Section 19(1) & (6) — Appeal — Order passed u/ss 24 to 27 HMA — Maintainability of — Order passed under HM Act — Held, in respect of orders passed under Sections 24 to 27 of the HM Act, appeals would lie under Section 19 (1) of the said Act in view of the provisions of sub-section (6) of Section 19 of the said Act, such orders being in the nature of intermediate orders — Sub-section (6) of Section 19 of the said Act is applicable only in respect of sub-section (1) and not applicable for sub-section (4) of Section 19 of the Family Court Act — Hindu Marriage Act, 1955 — Sections 24 to 27.

Amarnath & Ors. Vs. State of Haryana & Ors. AIR 1977 SC 2185, Relied on.

Saili Halder Vs. Debaprasad Halder & State of West Bengal (2005) 3 CHN 87; Manojkumar Harilal Joshi Vs. Truptiben Manojkumar Joshi 2004 GLH (24) 676, Sunil Hansraj Gupta Vs. Payal Sunil Gupta AIR 1991 Bom 423, Nasreen Begum Vs. The State of Jharkhand & Ors. 2006 Crl. L.J. 326, Madhu Limaye Vs. State of Maharashtra AIR 1978 SC 47 & V.C. Shukla Vs. State 1980 (2) SCR 380, Referred.

(Para 17)

Manish Aggarwal v. Seema Aggarwal, FAO No. 388/2012; CM No. 15667/2012 & CM No. 15668/2012(13/09/2012), 2012(192) DLT 714: 2012(8) AD(Delhi) 519 [Vipin Sanghi, J.]

Entry Filed under: Judgements,Matrimonial Laws