Whether order of dismissal of application u/s 21B HMA passed by Family Court interlocutory? To challenge this order, what will lie? Appeal under Family Courts Act or Civil Misc Main?
Legal Fighter (Advocate) 10 July 2010
Whether order of dismissal of application u/s 21B HMA passed by Family Court interlocutory? To challenge this order, what will lie? Appeal under Family Courts Act or Civil Misc Main?
adv. rajeev ( rajoo ) (practicing advocate) 10 July 2010
N.K.Assumi (Advocate) 10 July 2010
The relevant provisions is contained in section 19 of the Family Courts act 1984, which overrides the CPC and any other law where family Courts have been established. Appeal lies against any Judgment or Order but not against an interlocutoey Order. An order refusing an amendment is an interlocutory order not appealable to High Court. In your case also it is an interlocutory order and not appealable and matter does not conclusively determine the right of the party I doubt even writ would lie from such pure interlocutory order.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
