Family Court Orders Granting/Refusing/Modifying/Vacating Interim Injunctions Appealable, Writ Petition Under Art. 227 Not Maintainable

Yogish Arora vs Smt Jennette Yogish Arora @ Miss Jennette Dsouza

Allahabad HC

30/04/2018

MATTERS UNDER ARTICLE 227 No. - 2313 of 2018

About/from the judgment:

It is clear that the order granting or refusing injunction or modifying or vacating injunction passed by the family court would not be purely ‘interlocutory order’ in nature and would be an ‘intermediate order’ with finality attached, and would, therefore, be appealable under Section 19(1) of the Act of 1984, the Court said.

 

Referring to various provisions of the Act and case laws, Justice Vivek Kumar Birla observed that such orders would fall within the category of ‘intermediate orders’ to which finality is attached, to subject matter of injunction application or say, finality is attached to a particular stage of proceedings and therefore, would be appealable under Section 19(1) of the Family Courts Act.

 

“It is not in dispute that insofar as the property, which is covered or is subject matter of the order, whereby interim injunction order is either granted or refused or modified or vacated would become final between the parties and thus, this order becomes final in nature between the parties and till the disposal of the proceedings pending before the family court, their stand on the subject matter of such order cannot be changed unless, interfered by the higher court either way,” the court said.

 

“It is clear that the order granting or refusing injunction or modifying or vacating injunction passed by the family court would not be purely ‘interlocutory order’ in nature and would be an ‘intermediate order’ with finality attached, and would, therefore, be appealable under Section 19(1) of the Act of 1984,” the court said.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

© 2018 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.