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
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.
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.
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.
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
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
