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2025 DAILYLAW 55844 (ALL)

GARIMA DUBEY v. SAURABH ANAND DUBEY AND ANOTHER

FAPL/357/2025 · 2025-05-16

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82005-DB Court No. - 39 Case :- FIRST APPEAL No. - 357 of 2025 Appellant :- Garima Dubey Respondent :- Saurabh Anand Dubey And Another Counsel for Appellant :- Abhishek Tandon,Vivek Kumar Srivastava Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. Mr. Abhishek Tandon, learned advocate appears on behalf of appellant and submits, his client is wife in the marriage. She is contesting divorce proceedings initiated by respondent husband. Respondent obtained impugned order dated 1st May, 2025 from the Family Court directing access to Close Circuit Television (CCTV) footage from the apartment's society. The camera, facing his client's apartment, access to the footage will be invasion of his client's privacy. Hence, his client is aggrieved. The appeal was presented in time. On query Mr. Tandon submits, his client sought to file First Appeal From Order (FAFO), which was not allowed by the Registry. Hence, this appeal under section 19 of Family Court's Act, 1984. Sub-section (1) and (4) in section 19 is reproduced below: "19. Appeal.—(1) Save as provided in sub-section(2) and notwithstanding anything contained in the Code of Civil Procedure,1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law. ………… 4) The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding." (emphasis supplied) There is no doubt that impugned order is an interlocutory order. Under section 19 (1), the appeal is not maintainable. Considering there is nomination for a Bench to exercise revisional jurisdiction, we are not inclined to exercise revisional power on our own motion or on presentation of this appeal, under section 19(4). The appeal is dismissed as not maintainable. The dismissal will not prevent appellant from finding her remedy in accordance with law. Order Date :- 17.5.2025 NSC (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad