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2022 Supreme(All) 1266

ABDUL MOIN
Bhanu Gandotra – Appellant
Versus
Additional Principal Judge Family Court, Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Aishwarya Pratap Singh, Sandeep Kumar (Trivedi).
For the Respondents: Ram Raj, Rishabh Raj.

JUDGMENT :

ABDUL MOIN, J.

1. Heard learned counsel for the petitioner and Sri Ram Raj, learned counsel appearing for the respondent.

2. Under challenge is the order dated 23.02.2021 passed by the learned Additional Principal Judge, Family Court-10, Lucknow by which opportunity for filing of written statement by the petitioner has been closed.

3. A preliminary objection has been raised by Sri Ram Ram, learned counsel appearing for the respondent that the petition filed under Article 227 of Constitution of India would not be maintainable inasmuch as the order challenged is an order passed by the learned Family Court dated 23.02.2021 whereby the right of the petitioner to file a written statement has been closed. He contends that taking into consideration Section 19 of the Family Court Act, 1984 (hereinafter referred to as ‘Act 1984’) the order impugned has got the trappings of a final order as such, the petitioner has a statutory remedy of filing of an appeal and consequently, the petition filed under Article 227 of Constitution of India is not maintainable. Reliance has been placed on a full bench judgment of this Court in the case of Smt. Kiran Bala Srivastava vs. Jai Prakash Srivastav

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