MUKHTAR AHMAD AND ANOTHER v. AMREEN KHANAM @ FAKIYA RAHMAN
FAPLD/534/2025 · 2025-07-07
Saurabh Dwivedi Registrar J Cpc, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61625 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61625 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:107036-DB Court No. - 39 Case :- FIRST APPEAL DEFECTIVE No. - 534 of 2025 Appellant :- Mukhtar Ahmad And Another Respondent :- Amreen Khanam @ Fakiya Rahman Counsel for Appellant :- Shams Tabrez Ali Hon'ble Arindam Sinha,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Mr. Shams Tabrez Ali, learned advocate appears on behalf of applicant-appellant. He submits, his client was husband in the marriage with respondent, duly dissolved. His client got remarried and gifted property to his present wife. Respondent (ex-wife) filed petition before the Family Court seeking cancellation of the gift deed. It is not a matrimonial matter, over which the Family Court can exercise jurisdiction. His client applied for rejection of the petition, rejected by judgment dated 18th January, 2025. His client is aggrieved. The appeal was presented on reported delay of 87 days. Application has been made for condonation of delay. There is note by Stamp Reporter that the appeal appears to be not maintainable. We see the order as an interlocutory order whereby the Family Court has rejected the objection and will proceed to adjudicate the petition filed by respondent. Section 19 in Family Courts Act, 1984 does not provide right of appeal from interlocutory orders. Applicant must find his remedy. The appeal not being maintainable, no order can be made in the application for condonation of delay. The application and appeal are dismissed. The dismissal will not prevent applicant from finding his remedy in law. For the purpose, applicant may apply for return of certified copy of impugned order, upon producing photocopy thereof, to be kept in the record. Order Date :- 8.7.2025/Ashutosh (Arindam Sinha,J.) (Dr. Y.K. Srivastava,J.) Digitally signed by :- ASHUTOSH SINGH High Court of Judicature at Allahabad