This court disposed of a writ petition under Article 227 seeking review of an execution order. The court held that the trial court had Family Court powers and thus the remedy of appeal under Section 19 of the Family Courts Act was available, leading to rejection of the writ.
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Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1612 of 2018
Petitioner :- Smt. Sangeeta Devi Respondent :- Anil Kumar Counsel for Petitioner :- Dharmendra Kumar Singh
Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 8.7.2016 the Additional District Judge, Fast Track Court No.2, Jaunpur has rejected Execution Case No.8 of 2012 filed by the petitioner for execution of the decree passed in Matrimonial Case No. 1255 of 2010.
On16.3.2018, counsel for the petitioner was required to clarify as to whether power of Family Court has been conferred upon the court which has passed the impugned order so as to ascertain whether the said order has been passed while acting as Family Court or not.
Today, when the matter is taken up, counsel for the petitioner admits that the Additional District Judge/Fast Track Court no.2, Jaunpur, who has passed the impugned order, is conferred with the power of Family Court and said order has been passed while acting as Family Court.
Under section 19 of the Family Courts Act, the petitioner has the remedy of challenging the impugned order by filing an appeal. Consequently, this Court declines to entertain the instant petition and relegates the petitioner to the alternative remedy provided under the Act.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.)
Order Date :- 20.3.2018
skv
Smt. Sangeeta Devi
Anil Kumar
Manoj Kumar Gupta
As recorded by the court registry
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