Case Note & Summary
The appellant, Smt. Savitha B.P., filed a suit (O.S. No. 14/2015) before the VI Additional Principal Family Judge at Bengaluru seeking a declaration that a judgment and decree dated 30.3.2012 passed by the Circuit Court for Fair Fax County, U.S.A. in case No. 2011-506 was null and void and not binding on her, and for a permanent injunction restraining her husband, Sri. Sudhir Jagadeeshan, from taking their minor daughter Khushi (aged 3 years 6 months) out of Bengaluru and India. During the pendency of the suit, the appellant filed an interlocutory application under Order 39 Rules 1 and 2 CPC seeking a temporary injunction to the same effect. The Family Court allowed the application and granted the temporary injunction. Aggrieved by that order, the appellant filed the present miscellaneous first appeal under Order 43 Rule 1 CPC. The registry raised an objection regarding the maintainability of the appeal, stating that the provision of law for the appeal was not correctly stated. The court considered the objection and held that Order 43 Rule 1 CPC does not provide for an appeal against an order granting or refusing a temporary injunction under Order 39 Rules 1 and 2 CPC. Such orders are not appealable under that provision. Consequently, the appeal was dismissed as not maintainable. The court did not address the merits of the injunction order.
Headnote
A) Civil Procedure Code - Maintainability of Appeal - Order 43 Rule 1 CPC - Interim Injunction - The court examined whether an appeal lies against an order granting temporary injunction under Order 39 Rules 1 and 2 CPC. The court held that Order 43 Rule 1 CPC does not provide for an appeal against an order granting or refusing temporary injunction; such orders are not appealable under that provision. The appeal was dismissed as not maintainable. (Paras 1-4) B) Family Law - Child Custody - Interim Injunction - The appellant-wife sought to restrain the respondent-husband from removing their minor daughter from Bengaluru and India. The Family Court granted an interim injunction. The appeal against that order was dismissed for lack of maintainability. (Paras 2-4)
Issue of Consideration
Whether an appeal against an order granting temporary injunction under Order 39 Rules 1 and 2 CPC is maintainable under Order 43 Rule 1 CPC?
Final Decision
The appeal is dismissed as not maintainable. The court did not interfere with the order of the Family Court.
Law Points
- Order 43 Rule 1 CPC
- maintainability of appeal
- interim injunction
- Family Court
- temporary injunction
- Order 39 Rules 1 and 2 CPC
