RAJ KUMAR SAHA Vs. RITU KALA SARAN

JUDGEMENT

(1.) THIS Miscellaneous Appeal has been preferred against the order dated 14.7.2005 passed by the Principal Judge, Family Court, Bhagalpur in Matrimonial Suit No. 84 of 2001. 1. According to the Stamp Reporter, this appeal has been made maintainable. Section 19. of the Family Courts Act, 1984r eads as under: - "19 Appeal. -

(2.) ACCORDING to Sec. 19 of the Family Courts Act, 1984 , it appears that an appeal shall 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. It further appears that the orders passed by Family Court is in the form of a decree. Obviously, therefore, a decree drawn in a suit can be tested by this court in a First Appeal and not in miscellaneous appeal. The Stamp Reporter, in this view of the matter, is directed to examine these questions and make a fresh stamp report ing after going through the several judg -ments of this court on the point.

(3.) LIST this matter after two week as prayed for.