Subhashini Shivhare v. Manish Kumar Ujavane

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR FAM No. 2 of 2017 • Subhashini Shivhare D/o Raghuvir Prasad Shivhare, Aged About 28 Years W/o Manish Kumar Ujavane, By Caste Kalar, R/o Behind Mission School, C. B. Raman Ward, Sevni District Sevni, (Madhya Pradesh) ................ (Non Applicant) ---- Appellant

Versus

• Manish Kumar Ujavane S/o Late Shri Satyanarayan Ujavane, By Caste Kalar, R/o Ward No. 19, Court Road, Dongargarh, District Rajnandgaon (Chhattisgarh) ................(Applicant) ---- Respondent For Appellant:

Shri Parag Kotecha, Advocate Hon'ble Shri Justice Sanjay Agrawal Order On Board 13/07/2017 1.

Heard on admission.

2.

This appeal is filed against the interim order dated 16.11.2016 passed by the learned trial Court in Civil Suit No. 21-A/2015, by which, the application filed under Section 24 of the Hindu Marriage Act, 1955, has been rejected. 3.

The order impugned is not appealable under Section 28 of the Hindu Marriage Act, 1955, therefore, the appeal is hereby dismissed as not maintainable. However, liberty is hereby granted to the appellant, if he so desire, to take recourse to appropriate remedy available under the law. 4.

With the aforesaid liberty, the appeal is dismissed. Certified copy of the order impugned shall be returned to the counsel for the appellant subject to furnishing photocopy of the same.

Sd/- (Sanjay Agrawal) Judge Anjani