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2022 Supreme(Kar) 525
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ALOK ARADHE, S. VISHWAJITH SHETTY, JJ.
Sri S. Muralidharan S/o Late Sri. T.R. Shankaranarayanan – Appellant
Versus
Ms. Neelam D/o Late G.M. Sheera – Respondent
M.F.A. No.2466 of 2022 (FC)
Decided on : 15-03-2022
Advocate Appeared:
For the Appellant : MRS. MAMATHA ROY, ADV., FOR MR. PRATHEEK P, ADV.
The appeal was dismissed on the grounds of non-maintainability under the Family Courts Act, 1984, and the conversion of the appeal into a writ petition was rejected due to the absence of a required affidavit.
Headnote:
Appeal - Family Court Order - The court dismissed the appeal on the grounds that the order issued by the Family Court was not appealable under the Family Courts Act, 1984, and rejected the conversion of the appeal into a writ petition due to the absence of a required affidavit.
Fact of the Case:
The appellant sought to appeal the order of the Family Court issuing emergent notice and suit summons to the respondents.
Finding of the Court:
The court found that the order was not appealable under the Family Courts Act, 1984, and rejected the conversion of the appeal into a writ petition due to the absence of a required affidavit.
Issues: Maintainability of the appeal, conversion of the appeal into a writ petition.
Ratio Decidendi: The order issued by the Family Court was not appealable under the Family Courts Act, 1984, and the conversion of the appeal into a writ petition was rejected due to the absence of a required affidavit.
Final Decision: The appeal was dismissed, and the conversion of the appeal into a writ petition was rejected.
JUDGMENT :
Smt.Mamatha Roy, learned counsel for Mr.Pratheek P., learned counsel for the appellant.
In view of the office objection raised with regard to maintainability of the appeal, learned counsel for the appellant submits that the order dated 05.03.2022 passed by the Family Court on interlocutory application, by which the Family Court has issued emergent notice as well as suit summons to the respondents, is an order within the meaning of Section 19(1) of the Family Courts Act, 1984.
2. Order 43 of the Code of Civil Procedure provides for appeal from orders. It is pertinent to mention here that the impugned order is an order which is appealable under Order 43 Rule (1) of the Code of Civil Procedure, 1908. The order dated 05.03.2022 passed by the Family Court issuing emergent notice as well as suit summons to the respondent on I.A.No.2/22 is not an order within the meaning of Section 19(1) of the Family Courts Act, 1894. Therefore, the appeal is not maintainable and the same is dismissed.
3. Memo for conversion of the appeal to a writ petition is taken up.
Taking into account the fact that the writ petition is required to be supported by an affidavit which has not been filed, permission for converting this appeal into writ petition cannot be granted.
4. Therefore, the aforesaid memo is rejected with liberty to the appellant to take recourse to such remedy as may be available to him in law.
