Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
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As discussed above, the coordinate High Courts are of the view that the plain reading of the provisions of the G & W Act reflect that an order passed under section 12 of the said act is an interlocutory order and hence, an appeal is barred by section 47 of the G & W Act.
26. To conclude, the Family Court Act came into force in the year 1984, i.e. 2 years after the pronouncement of Shah Babulal Khimji (Supra) by the Apex Court. Nowhere was it intended by the legislature to bring an appeal under Section 19(1) of the Family Courts against an order passed under Section 12 of the G & W Act nor does the G & W Act provide for an appeal against order passed under Section 12 of the G & W Act.
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment pronounced on: 1st October, 2019
MAT.APP.(F.C.) 211/2017 & CM APPL. 44390/2017
COLONEL RAMESH PAL SINGH Vs SUGHANDHI AGGARWAL
CORAM:
MR. JUSTICE G.S.SISTANI
MS. JUSTICE SANGITA DHINGRA SEHGAL
