VISHWAS NARHARI SAHASTRABUDHE Vs. VARDA VISHWAS SAHASTRABUDHE

JUDGEMENT

(1.) Heard.

(2.) The learned Advocate appearing for the respondent has raised the preliminary objection regarding non-maintainability of the appeal, on the ground that, the Section 19 of the Family Courts Act, 1984 provides for appeal only against "judgment and order" and does not provide for appeal against a "decree", and further that bearing in mind the difference in the meaning of the terms "decree" and "judgment" under the Code of Civil Procedure which are squarely applicable to the proceedings under the said Act as also considering the provisions of the Section 19 (2) and (5) of the said Act which provides that no appeal would lie except against the judgment, it means that the decision which is appealable under the said Act is only "the Judgment" and not "the decree". Once the decree is issued the proceeding attains finality for all purposes and no appeal lies thereafter.

(3.) Drawing attention to Section 19 r/w Section 2 of the Family Courts Act, the learned Advocate appearing for the respondent submitted that the Sub-Section (1) of Section 19 specifically provides that appeal would lie from every judgment or order, not being an interlocutory order of a Family Court to the High Court both on facts and on law. The Legislature has consciously omitted "the decree" being made a subject matter of appeal under the provisions of the Family Court Act. Further Sub-Section (2) thereof specifically provides that no appeal shall lie from a decree or order passed by the Family Court with the consent of the parties. Sub-Section (5) thereof specifically provides that no appeal shall lie other than as provided under Section 19 of the said Act. Sub-section (2) of the said Act defines various expressions under the said Act and clause (e) thereof provides that the words in respect of which no definition is provided under the said Act the definition as provided under Code of Civil Procedure would apply. Considering the same it is the contention of the learned Advocate for the Respondent that once a final decree is passed dissolving the marriage, whatever may be the ground, question of filing an appeal against such final decree issued by the Family Court does not arise at all. The appellant can only make grievance against the reasons disclosed in the judgment before issuance of the decree for dissolution of marriage.