S. MURALIDHARAN Vs. NEELAM G.M. SHEERA

JUDGEMENT

(1.) In view of the office objection raised with regard to maintainability of the appeal, learned counsel for the appellant submits that the order dtd. 5/3/2022 passed by the Family Court on interlocutory application, by which the Family Court has issued emergent notice as well as suit summons to the respondents, is an order within the meaning of Sec. 19(1) of the Family Courts Act, 1984.

(2.) Order 43 of the Code of Civil Procedure provides for appeal from orders. It is pertinent to mention here that the impugned order is an order which is appealable under Order 43 Rule (1) of the Code of Civil Procedure, 1908. The order dtd. 5/3/2022 passed by the Family Court issuing emergent notice as well as suit summons to the respondent on I.A.No.2/22 is not an order within the meaning of Sec. 19(1) of the Family Courts Act, 1894. Therefore, the appeal is not maintainable and the same is dismissed.

(3.) Memo for conversion of the appeal to a writ petition is taken up. Taking into account the fact that the writ petition is required to be supported by an affidavit which has not been filed, permission for converting this appeal into writ petition cannot be granted.