Dr. Geeta Ferwani / Motiramani vs Dr. Nikhil Motiramani
2021 Latest Caselaw 810 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet

                                       CR No. 19 of 2021

                 Dr. Geeta Ferwani/Motiramani Versus Dr. Nikhil Motiramani




02/07/2021         Mr. Abhishek Chandrawanshi, Advocate for the applicant.
                   Mr. Rajat Agrawal, Advocate for the respondent.

Heard on default.

It is submitted by the counsel for the applicant that the civil revision filed against the order of Family Court, Raipur is maintainable. Reliance has been placed on the judgment of High Court of Punjab and Haryana at Chandigarh in the matter of Sangeeta Singh v. Pardeep in CR No. 2199/2020 decided on 02/09/2020.

Section 19 of the Family Court Act, 1984 (for short 'the Act'), specifically provides that an appeal shall lie from any judgment or order of a Family Court to the High Court both on facts and on law. Sub Section 5 of Section 19 of the Act itself makes an exception that except as aforesaid in the other provisions of Section 19, no appeal or revision shall lie to any other court from any judgment, order or decree of a family Court.

In the matter of Sangeeta Singh v. Pardeep (Supra), the impugned order was passed by the Court of Additional District Judge, Mohali and thus that Court was not a designated Family Court and in the instant matter the impugned order has been passed by the Family Court.

The petitioner's side is given one more opportunity to make their submissions on the point of default on the next date of hearing.

List this case on 05/07/2021.

   rahul                                                        Sd/-
                                                   (Rajendra Chandra Singh Samant)
                                                               Judge