Smt. Rashmi vs Mahesh Sharma ...
2023 Latest Caselaw 8750 Raj

[2023:RJ-JD:36045]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Revision Petition No. 21/2018

Smt. Rashmi

----Petitioner Versus Mahesh Sharma

----Respondent

For Petitioner(s) : None present

HON'BLE MS. JUSTICE REKHA BORANA

Order

19/10/2023

1. The cause title of the present revision petition mentions the

same to be filed against the order dated 19.04.2017 passed by

the Family Court No.1, Jodhpur whereby the application under

Section 24 of the Hindu Marriage Act, 1955 as filed by the

petitioner had been rejected.

2. A defect has been pointed by the office that the present

revision petition against the order passed by the Family Court

would not be maintainable. Vide order dated 17.05.2018, time

was granted by the Registrar (Administration) to the counsel to

remove the defect as pointed out by the office.

The defect as pointed out by the office has not been

removed till date.

3. Even otherwise, the present revision petition would not be

maintainable before the Single Bench in view of provision

contained in Section 19 of the Family Court Act, 1984 as the

[2023:RJ-JD:36045] (2 of 2) [CR-21/2018]

impugned order has been passed by the Family Court on an

application under Section 24 of the Hindu Marriage Act, 1955.

Section 19 of the Family Court Act, 1984 reads as under:

"19. (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. ............................................ ........................................... (6) An appeal preferred under sub- section (1) shall be heard by a Bench consisting of two or more Judges."

4. In view of the above provision, the revision petition is

dismissed as non-maintainable as well as for non-prosecution.

(REKHA BORANA),J 11-Sachin/-

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