Appeal against a Family Court order dated 22.10.2020 under Section 125 Cr.P.C. dismissed as withdrawn. Liberty granted to avail available remedies.
Withdrawal of appeal allowed with liberty to avail available remedies under law.
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Court No. - 21
Case :- FIRST APPEAL DEFECTIVE No. - 333 of 2020 Appellant :- Soni Thakur Respondent :- Aditya Sharma Counsel for Appellant :- Vishakha Pande,Jyoti Kumar Singh,Rakesh Pande (Senior Adv.)
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
This appeal though has been filed with a delay condonation application but is against an order dated 22.10.2020, which has been passed by a Family Court in proceedings under Section 125 Cr.P.C.
Sri Imran Syed, learned counsel for the defendant/respondent has raised a preliminary objection regarding maintainability of the appeal on the ground that Section 19 (2) of the Family Courts Act, 1984 provides that no appeal shall lie from a decree or order passed by the Family Court with the consent of the parties or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 and as such, in view of provision of Section 19(2) of the Family Courts Act, 1984, present appeal under Section 19 of the Act shall not lie against the impugned order dated 22.10.2020 under Section 125 Cr. P.C. passed by the Principal Judge, Family Court, Agra.
Confronted with this situation, learned counsel for the appellant states that the appellant wants to withdraw the present appeal with liberty to avail such remedy as may be available under law.
The appeal is dismissed as withdrawn with liberty as prayed for.
The office is directed to return the certified copy of the order to the appellant after retaining a copy of the same. Order Date :- 12.1.2021 RKP
Soni Thakur
Aditya Sharma
Mahesh Chandra Tripathi
Sanjay Kumar Pachori
As recorded by the court registry
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