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ASHUTOSH SHASTRI, DIVYESH A. JOSHI
Rajan Ankleshwaria S/O Manojkumar Babulal Ankleshwariya – Appellant
Versus
Vinni Ankleshwaria D/O Mahesh Gulshanrai Malhotra – Respondent
| Table of Content |
|---|
| 1. background of marriage and custody dispute (Para 1 , 2) |
| 2. procedural history of the case (Para 3 , 4 , 10) |
| 3. arguments on the maintainability of appeal (Para 5 , 6) |
| 4. interpretation of family courts act regarding appeals (Para 7 , 8 , 9) |
| 5. classification of orders: interlocutory vs interim (Para 13 , 14 , 15) |
| 6. decision on maintainability of the appeal (Para 19 , 22) |
| 7. conclusion and order dismissing the appeal (Para 23 , 24) |
JUDGMENT :
Ashutosh Shastri, J.
1. By way of present First Appeal under Section 96 of the Code of Civil Procedure and Section 19 of the FAMILY COURTS ACT , appellant- original applicant has challenged the validity of an order dated 4.7.2023 passed below Exh.6 of Civil Misc. Application No.4 of 2023 passed by learned Principal Family Court at Anand.
2. The background of case which has given rise to present appeal is that appellant and respondent got married on 19.1.2013 and on 19.1.2014, their marriage was solemnized as per Hindu Customary Rites and Ceremonies at Anand and during their wedlock, a son, named as Dhven, was born on 26.7.2018. According to appellant, during passage of time, some difference of opinion generated between appellant and r
The court clarified that an order granting visitation rights is an intermediary order, thus appealable under Section 19 of the Family Courts Act, 1984.
Interlocutory orders under the Family Courts Act are not appealable; custody decisions must prioritize the welfare of minors by considering their perspectives.
A custody order under the Guardians and Wards Act, if a result of a full trial, is appealable and not merely interlocutory.
Granting interim maintenance to daughter of appellant-wife and rejection of all other applications – dismissal of husband’s petition for restitution of conjugal rights whereby wife’s rights do not ne....
Family Court's interlocutory orders regarding visitation are not appealable under Section 19 of the Family Courts Act, especially when subsequent events alter the initial conditions significantly.
An order rejecting an amendment application is an interlocutory order and not appealable under Section 19 of the Family Court Act, as it does not decide substantive rights.
Minor child does not have coping skills or intellectual ability to understand issues between adult relationship or parents unhappiness.
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