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2006 Supreme(Ker) 523

KURIAN JOSEPH
Baiju – Appellant
Versus
Valsala – Respondent


Judgment :-

Whether a revision will lie against an interlocutory order passed by the Family Court is one of the questions to be considered in this civil revision petition. Section 19 of the Family Courts Act, 1984 reads as follows:-

“19. Appeal. – (1) Save as provided in sub-section (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) or 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 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 the section shall be preferred within a period of thirty days from the date of the judgment or order of a Family Court.

(4) The High C





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