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2007 Supreme(Pat) 412

J.N.SINGH, NARAYAN ROY
Raj Kumar Saha – Appellant
Versus
Ritu Kala Saran – Respondent


Judgment

1. This Miscellaneous Appeal has been preferred against the order dated 14.7.2005 passed by the Principal Judge, Family Court, Bhagalpur in Matrimonial Suit No. 84 of 2001.

1. According to the Stamp Reporter, this appeal has been made maintainable. Section 19 of the Family Courts Act, 1984 reads as under: "19 Appeal. (1) Save as provided in sub-sec. (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) of 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.

(2) No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974): Provided that nothing in this sub-section shall apply to any appeal pending before a High Court or any order passed under Chapter IX of the Code of Criminal Procedure 1973 (2 of 1974) before the commencement of the Family Courts (Amendment) Act, 1991.

(3) Every appeal under this section shall be preferred within a period of






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