ANIL KUMAR Vs. SUNITA

JUDGEMENT

(1.) The Appeal is directed against an order dated 26.04.2011 passed by the Judge, Family Court whereby an Application under Section 311 Code of Criminal Procedure ("the Code") preferred by the Appellant for recalling the Respondent was dismissed.

(2.) Section 19 of the Family Courts Act, 1984(the Act) permits a party aggrieved of any judgment or order not being an interlocutory order to file an Appeal to the High Court both on facts and on law.

(3.) Appeal is creature of a statute. Thus, this Court is, therefore, first required to consider whether an Appeal is maintainable against such an order and secondly, whether there is any merit in the plea taken by the Appellant.