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SAUMITRA DAYAL SINGH, DONADI RAMESH
Anchal Goyal – Appellant
Versus
Parag Goyal – Respondent
JUDGMENT :
1. Heard Sri Kiran Kumar Arora, learned counsel for the appellant and Sri Aditya Bhushan Singhal, learned counsel for the respondent.
2. Present appeal has been filed under Section 19 of the Family Court Act, 1984 (hereinafter referred to as the ‘Act’), arising from order dated 4.10.2024 passed by Principal Judge, Family Court, Saharanpur on Application Paper No. 39A/1-3, filed [under Order VI Rule 17 Code of Civil Procedure, 1908 (hereinafter referred to as the ‘CPC’)], by the present appellant in Original Suit No. 323 of 2022 (Parag Goyal Vs. Smt. Anchal Goyal), whereby the learned court below has dismissed the amendment application filed by the present appellant, seeking to introduce the following two paragraphs as paragraph nos. 54 v and 54 c , to her written statement.
HINDI IMAGE
Mr. Karan Anand, on instruction, submits that the applicant is ready to live with the respondent wife"
HINDI IMAGE
3. At the outset, a preliminary objection has been raised by learned counsel for the respondent that the present appeal is not maintainable under Section 19 of the Act. For ready reference, Section 19 of the Act to the extent it is relevant to the present proceeding, reads as below:
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.
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....
Interim maintenance orders under Section 24 of the Hindu Marriage Act are interlocutory and not appealable under Section 19 of the Family Courts Act.
The court clarified that an order granting visitation rights is an intermediary order, thus appealable under Section 19 of the Family Courts Act, 1984.
Orders under Section 12 of the Guardians and Wards Act are appealable under Section 19 of the Family Courts Act, as they affect vital rights and welfare of minors.
Appeal – Orders passed under Section 12 of Guardians and Wards Act, 1890 would be appealable under Section 19 of 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.
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