Practice and Procedure -- Brevity in reasoning cannot be understood in legal parlance as absence of reasons - While no reasoning in support of judicial orders is impermissible, brief reasoning would suffice to meet ends of justice at least at interlocutory stages and would render remedy of appeal purposeful and meaningful...........
Family Courts Act, 1984, Section 19 -- Appeal - Interlocutory order - No appeal filed u/s 19 of the Act against an interlocutory order can be filed - In view of that petition under Article 227 of Constitution is maintainable...........
Family Courts Act, 1984, Section 19 -- Appeal - Not maintainable against an order passed u/s 24 of Hindu Marriage Act, as said order is interlocutory in nature, as right to claim maintenance is still alive and by way of interim arrangement only said order has been passed - However, petition u/a 227 of Constitution is maintainable against such an order...........
Family Courts Act, 1984, Section 19 -- Appeal - Maintainability - If any order passed by Family Court decides any question between the parties which directly affects the decision in the main case or which finally decides any collateral issue in perpetuity, it would be a judgment or order which is appealable - But if an order, though deciding an issue between the parties..........
Family Courts Act, 1984, Section 19, Guardians and Wards Act, 1890, Section 12 -- Appeal - Order granting/refusing visitation/interim custody u/s 12 of G&W Act have an effect of final determination of their rights as also welfare of child, cannot be treated as merely being interlocutory order - Said order is appealable u/s 19 of Family Courts Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Appeal by wife seeking enhancement of maintenance - Impugned order is not interlocutory order and it is an intermediary order - Appeal against said order is maintainable...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Appeal by wife seeking enhancement of maintenance - Impugned order is not interlocutory order and it is an intermediary order - Appeal against said order is maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Appeal - Impugned order is an interlocutory order - There are no trappings of finality and substantial rights of parties were not affected - Appeal against such an order not maintainable...........
Civil Procedure Code, 1908, Section 96, Succession Act, 1925, Section 299 -- Probate proceedings - Interlocutory order passed in proceedings for grant of probate or Letters of Administration - Does not conclusively determines the rights of parties - Not a decree - Appeal thereagainst does not lie...........
Civil Procedure Code, 1908, Section 115, Family Courts Act, 1984, Section 19, 10 -- Revision - Order allowing amendment application by Family Court - No avenue of a revision u/s 115 CPC open to a party aggrieved by an order of Family Court - Party aggrieved by an interlocutory order may question it in appeal if it has trappings of a judgment - Revision dismissed being not..........
