Citation : 2025 Latest Caselaw 5190 Tel
Judgement Date : 29 April, 2025
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
AND
THE HON'BLE JUSTICE B.R.MADHUSUDHAN RAO
FAMILY COURT APPEAL NO.74 OF 2025
Mr. Midhun Kumar Allu, learned counsel appearing for the appellant.
JUDGMENT:
(Per Hon'ble Justice Moushumi Bhattacharya)
1. The Appeal is not maintainable under section 19(1) of The
Family Courts Act, 1984 (the 1984 Act).
2. It is evident from the impugned order dated 29.01.2025
that the order is interlocutory in nature and would hence fall
within the bar of section 19(1) of the 1984 Act.
3. The impugned order was passed by the Family Court on
an application filed by the appellant (the respondent in M.C.
No.195 of 2019) seeking to strike out certain pleadings in the
maintenance case under Order VI Rule 16 of The Code of Civil
Procedure, 1908.
4. In any event, we find that the Trial Court considered the
Application on merits and rejected it.
5. We note that the maintenance case is of the year 2019
and Crl.M.P.No.65 was filed in 2021.
6. The appellant's petition, however, was filed on 25.02.2021
and was disposed of by the Trial Court on 29.01.2025. Hence,
there has already been considerable delay in disposing of the
M.C. filed by the respondent in the Appeal.
7. The Trial Court should not expend unnecessary time on
such frivolous petitions and should make its best effort to
dispose of the M.C. as expeditiously as possible.
8. F.C.A.No.74 of 2025, along with all connected
applications, is accordingly dismissed.
Interim orders, if any, shall stand vacated. There shall be
no order as to costs.
_________________________________ MOUSHUMI BHATTACHARYA, J
_____________________________ B.R.MADHUSUDHAN RAO, J
Date: 29.04.2025 NDS/SUS
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