Telangana High Court
Sri Somavar Pandari vs Smt. Rajeshwari on 9 January, 2024
Author: K. Lakshman
Bench: K.Lakshman, P.Sree Sudha
HON'BLE SRI JUSTICE K. LAKSHMAN
AND
HON'BLE SMT JUSTICE P. SREE SUDHA
FAMILY COURT APPEAL No.199 of 2023
JUDGMENT:
(per Hon'ble Sri Justice K. Lakshman) In compliance with the order dated 07.11.2023, learned counsel for the appellant has filed a proof of service vide USR No.490 of 2024, dated 02.01.2024. Despite service of notice, there is no representation on behalf of the respondent.
2. Challenging the order dated 01.05.2023 in I.A.No.593 of 2021 in F.C.A.No.11 of 2020 passed by the learned Judge, Family Court-cum-III Additional District and Sessions Court at Nizamabad, appellant herein has preferred the present appeal.
3. Appellant/Respondent has filed a petition under Section 13(1) (ia) and (ib) of the Hindu Marriage Act, 1955 vide F.C.O.P.No.11 of 2020 against 2 F.C.A.No.199 of 2023 respondent/wife seeking dissolution of marriage on the grounds of cruelty as well as desertion.
4. Vide order dated 01.05.2023 learned Family Court allowed the said F.C.O.P.No.11 of 2020 and dissolved the marriage of appellant with respondent only on the ground of desertion. Learned Family Court gave a specific finding that appellant herein failed to prove cruelty.
5. During the pendency of the said F.C.O.P.No.11 of 2020, respondent/wife had filed an Interlocutory Application vide I.A.No.593 of 2021 in F.C.A.No.11 of 2020 seeking an amount of Rs.10,000/- towards legal expenses and Rs.20,000/- per month towards maintenance. Vide order dated 01.05.2023, learned Family Court allowed the said application in part and granted an amount of Rs.3,000/- per month to the respondent/wife towards maintenance and an amount of Rs.10,000/- towards legal expenses. 3 F.C.A.No.199 of 2023
6. Sri N.Gangadhar, learned counsel for the appellant, on instructions, would submit that the impugned order and decree dated 01.05.2023 is only an interlocutory order. As per Section 19(1) of the Family Courts Act, the appellant herein has to file a revision. Section 19(1) of the Family Courts Act, is extracted below:
(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law. -(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law."
7. It is relevant to note that the appellant herein has already filed a revision under Article 227 of Constitution of India vide C.R.P.No.2207 of 2023. 4 F.C.A.No.199 of 2023
8. According to Sri N.Gangadhar, learned counsel appearing on behalf of the appellant, a learned Judge of this Court raised an objection with regard to the maintainability of the said revision under Article 227 of Constitution of India. Therefore, he sought permission to withdraw the said C.R.P.No.2207 of 2023. Accordingly, the said C.R.P.No.2207 of 2023 is dismissed as withdrawn.
9. As discussed Supra, the impugned order dated 01.05.2023 in I.A.No.593 of 2021 in F.C.A.No.11 of 2020 passed by the learned Judge Family Court- cum-III Additional District & Sessions Court at Nizamabad is only an interlocutory order, therefore, appeal is not maintainable.
10. We are of the considered view that against the said order, revision is maintainable under Article 227 of Constitution of India.
5F.C.A.No.199 of 2023
11. In the light of the same, this Family Court Appeal is dismissed granting liberty to the appellant to file a fresh revision challenging the aforesaid impugned order, dated 01.05.2023. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Family Court Appeal shall stand closed.
____________________ K. LAKSHMAN, J ____________________ P. SREE SUDHA, J January 09, 2024 DSV/PN 6 F.C.A.No.199 of 2023 HON'BLE SRI JUSTICE K. LAKSHMAN AND HON'BLE SMT JUSTICE P. SREE SUDHA FAMILY COURT APPEAL No.199 of 2023 (per Hon'ble Sri Justice K. Lakshman) January 09, 2024 DSV/PN