PRIYANKA GUPTA Vs. ANKIT GUPTA

JUDGEMENT

(1.) An interesting issue arises in the present appeal with regard to the maintainability of this appeal before this Court.

(2.) The issue of maintainability arises in view of the fact that the order impugned by the appellant under Sec. 19 of the Hindu Marriage Act, was passed by the Family Court, Bulandsahar, Uttar Pradesh on 27/4/2023. The application seeking recall of the said order was also dismissed by the Family Court, Bulandsahar on 3/5/2023. Thereafter, vide order dtd. 8/5/2023, the Supreme Court transferred the proceedings in the divorce case preferred by the respondent- husband before the Family Court, Bulandsahar to the court of competent jurisdiction at Haridwar, Uttarakhand. The proceedings, therefore, now stand transferred to the Family Court, Haridwar.

(3.) Since the orders impugned in the present appeal were passed by the Family Court, Bulandsahar, which falls in the State of Uttar Pradesh, we had doubts whether the appeal against the said orders would lie before the Allahabad High Court, or before this Court, under Sec. 19 of the Family Courts Act.