Case Note & Summary
The case involves a Family Court Appeal filed by Vishwas Narhari Sahastrabudhe against Varda Vishwas Sahastrabudhe. The respondent raised a preliminary objection that the appeal was not maintainable under Section 19 of the Family Courts Act, 1984, which provides for appeal only against a 'judgment and order' and not against a 'decree'. The appellant's counsel argued that the appeal should be heard on merits. The court, after hearing both sides, considered the distinction between 'decree' and 'judgment' under the Code of Civil Procedure, 1908, which applies to proceedings under the Family Courts Act. The court noted that Section 19(1) specifically uses the term 'judgment and order', and Section 19(2) and (5) indicate that no appeal lies except against the judgment. Once a decree is issued, the proceedings attain finality. The court upheld the preliminary objection and dismissed the appeal as not maintainable.
Headnote
A) Family Law - Appeal - Maintainability - Section 19 Family Courts Act, 1984 - Appeal lies only against 'judgment and order', not against a 'decree' - The distinction between 'decree' and 'judgment' under the Code of Civil Procedure, 1908 is applicable to proceedings under the Family Courts Act - Once a decree is issued, the proceedings attain finality and no appeal lies thereafter - The preliminary objection regarding non-maintainability of the appeal was upheld (Paras 2-3).
Issue of Consideration
Whether an appeal under Section 19 of the Family Courts Act, 1984 is maintainable against a decree or only against a judgment and order.
Final Decision
The preliminary objection regarding non-maintainability of the appeal is upheld. The appeal is dismissed as not maintainable.
Law Points
- Appeal lies only against judgment and order
- not against decree under Section 19 Family Courts Act
- 1984
- Distinction between decree and judgment under CPC applies
- Once decree is issued proceedings attain finality
