Family Court’s Order not appealable if passed With Consent of Parties: Jharkhand HC
The Jharkhand High Court ruled that the Family Court’s Order is not appealable if passed with consent of parties.
Background
The wife was aggrieved of the judgment passed in Original Suit under section 13B of the Hindu Marriage Act, 1955 and the decree prepared thereon and sealed on 9 th September 2016 on the ground that she was threatened to sign the petition under section 13B of the Hindu Marriage Act, 1955 for a decree of dissolution of marriage by mutual consent.
The judgment in Original Suit records that a petition for divorce by mutual consent was filed with an affidavit bearing signature of both the parties. The Family Court Judge has recorded that in order to satisfy itself that the petition for divorce by mutual consent has been filed with free consent of the parties, statements of both the parties were recorded and they put their signatures thereon.
Arguments
Advocate Rakhi Sharma, appearing for the respondent, raised a preliminary objection to maintainability of the present First Appeal under sub-section (2) to section 19 of the Family Courts Act, 1984, whereunder an Appeal from a decree or order passed by the family Court with consent of the parties is barred.
Decision
The division bench of Justice Chandrashekhar and Justice Ratnaker Bhengra observed that the provision under sub-section (2) to section 19 of the Family Courts Act, 1984 is akin to the provision under sub-section(3) to section 96 of the Code of Civil Procedure, with further expansion of bar under sub-section (2) to section 19, inasmuch as, no appeal shall lie also from “any order” passed by the Family Court with the consent of the parties.
The court said that there is a delay of 255 days in filing the present First Appeal. An application has been filed under section 5 of the Limitation Act seeking condonation of the aforesaid period of delay in filing FA No. 132 of 2017.
The court stated that for the purpose of taking up the First Appeal on Board, without recording its satisfaction as to the grounds urged by the appellant seeking condonation of delay, the application for condonation of delay is allowed.
It was further noted by the court that it adopted this procedure for the reason that there are facts pleaded by the appellant in the application under section 5 of the Limitation Act which are seriously controverted by the respondent.
The court dismissed the appeal.
Case title: Priyanka Devi v/s Satish Kumar
Citation: FA No. 132 of 2017
