JASWANT SINGH Vs. PREMWATI

JUDGEMENT

(1.) This appeal is under Section 19 of Family Courts Act, 1984 in which appellant is husband while respondent is his wife. The appeal is directed against an order by which the Court below has allowed an application of respondent filed under Section 125 of Code of Criminal Procedure (in short Cr.P.C.) and directed appellant husband to pay a sum of Rs. 250/- per month as maintenance to respondent wife with effect from date of order.

(2.) When the appeal was taken up for admission hearing under Order XLI Rule 11 of the Code of Civil Procedure (for short block 'Code'), the learned Counsel for appellant argued that appeal may be admitted and notice be issued to respondent. He argued that this Court do not have the power to dismiss the appeal at the stage of admission. He submitted that the appeal under Section 19 of Family Court Act is a First Appeal and therefore under Chapter XI Rules 9(a) of the Rules of Court the appeal is liable to be admitted.

(3.) Order XLI Rule 11 of Code empowers an appellate Court to dismiss an appeal without serving notice on the respondent. It appears that this power has been entrusted to appellate Court to save respondents from unnecessary and unwarranted harassment of defending an appeal in which the appellant do not have even prima facie case on merits. This power of appellant Court reduces filing of frivolous appeals where appellant do not have even state able case.