BHANU GANDOTRA Vs. ADDITIONAL PRINCIPAL JUDGE FAMILY COURT

JUDGEMENT

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

(2.) Under challenge is the order dtd. 23/2/2021 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 dtd. 23/2/2021 whereby the right of the petitioner to file a written statement has been closed. He contends that taking into consideration Sec. 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 Srivastava reported in 2005 (23) LCD 1 as well as the judgment of this Court in the case of Yogesh Arora Vs. Smt. Jennette Yogish Arora reported in (2018) 9 ADJ 379.