Gurpreet Singh vs Shalini Kaur And Another
2022 Latest Caselaw 6509 ALL

Citation : 2022 Latest Caselaw 6509 ALL
Judgement Date : 11 July, 2022

Allahabad High Court

Gurpreet Singh vs Shalini Kaur And Another on 11 July, 2022

Bench: Attau Rahman Masoodi, Narendra Kumar Johari




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- FIRST APPEAL No. - 41 of 2022
 

 
Appellant :- Gurpreet Singh
 
Respondent :- Shalini Kaur And Another
 
Counsel for Appellant :- Amrendra Kumar,Neeraj Kumar Baghel
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Narendra Kumar Johari,J.

Power filed by Sri Sachin Shukla, learned counsel on behalf of the opposite party no. 1 is taken on record.

Both the parties are not agreeable to subscribe to the mediation proceedings before this Court for which an opportunity was provided to them by order dated 18.5.2022.

The present appeal instituted under Section 19(1) of the Family Courts Act, 1984 is directed against an interlocutory order passed under the Guardians and Wards Act, 1890.

Learned counsel for the respondents placing reliance upon a judgment reported in 2021(39) LCD 409 has argued that this Court has clearly opined that an order passed under the Guardians and Wards Act, 1890 is an interlocutory order against which appeal under Section 19 (1) of the Family Courts Act, 1984 would not lie.

On a careful consideration of the objection raised by learned counsel for the respondents in the light of judgement placed reliance upon, this Court is satisfied that the objection raised by learned counsel for the respondents has force and deserves acceptance.

Learned counsel for the appellant could not refute the objection raised by learned counsel for the respondents on the strength of any submission whatsoever.

We are satisfied that the present appeal arising out of an order passed under Section 25 of the Guardians and Wards Act, 1890 not being maintainable under Section 19(1) of the of the Family Courts Act 1984 is misconceived and the same is accordingly dismissed.

However, for any clarification/modification of the order impugned herein, the appellant is at liberty to make an application before the competent court. In case any such application is made, the same shall be decided in accordance with law.

Order Date :- 11.7.2022

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