Buddhsen Vs Smt. Meena Devi

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Court No. - 21

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Case :- FIRST APPEAL No. - 910 of 2022

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Appellant :- Buddhsen Respondent :- Smt. Meena Devi Counsel for Appellant :- Vijay Shantam

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.

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The instant appeal is directed against the order dated 04.11.2022 passed by Additional Principal Judge, Family Court, Court No.2, Bulandshahar allowing the application of the respondent-wife filed under Section 125 Cr.P.C. and awarding a sum of Rs.3000/- per month as maintenance from the date of the application till the date of order and Rs.4500/- per month thereafter.

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The Stamp Reporter has reported that the instant appeal filed under Section 19 of the Family Courts Act, 1984 is not maintainable in view of Section 19(2) which provides as follows:-

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"19. Appeal - (1) ........

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(2). 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 (2 of 1974).

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Provided that nothing in this sub-section shall apply to any appeal pending before a High Court or any order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) before the commencement of the Family Courts (Amendment) Act, 1991."

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The order passed under Section 125 Cr.P.C. is under Chapter IX of the Code of Criminal Procedure, 1973. Consequently, the Stamp Reporter has rightly reported that the instant appeal is not maintainable.

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Accordingly, the first appeal is rejected with liberty to the appellant to avail such other remedy as may be advised.

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The certified copy of the impugned order shall be returned to learned counsel for the appellant after retaining a photocopy of the same on record.

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Order Date :- 14.12.2022 SK

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(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)

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Digitally signed by SUSHEEL KUMAR Date: 2022.12.14 13:33:09 IST Reason: Location: High Court of Judicature at Allahabad

Buddhsen v. Smt. Meena Devi

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Buddhsen v. Smt. Meena Devi

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