Ganesh Dhondu Gurav v. Suman Ganesh Gurav
Case brief
What is this about?
Held that appeal against Section 125 CrPC maintenance order is barred. Appeal converted into revision application. Existing revision directions will continue.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
fca-112.08
ash
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FAMILY COURT APPEAL NO.112 OF 2008
Ganesh Dhondu Gurav. .. Appellant Vs Mrs. Suman Ganesh Gurav. .. Respondent – None for the Appellant. None for the Respondent.
CORAM : A.S. OKA & A.K.MENON, JJ DATED : 15TH JANUARY 2015
P.C.
. None appears for the Appellant though the Appeal was called out today on two occasions.
- The challenge in this Appeal is to the judgment and order dated 18th February 2008 passed by the Family Court at Bandra. We find that by the said judgment and order, the Petition No.E-794 of 2000 filed by the Respondent wife has been finally allowed. We find from the perusal of the Petition No.E-794 of 2000 that the same has been filed for grant of maintenance under Section 125 of the Code of Criminal Procedure, 1973. In view of the Sub-section (2) of Section 19 of the Family Court Appeal Act, 1984, an Appeal from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 is barred.
Issues for consideration
3 issues framed by the court
Whether an appeal against a maintenance order under Section 125 CrPC is maintainable under the Family Court Appeal Act, 1984
What is the appropriate remedy when an appeal against a maintenance order is deemed barred
Whether pending revision directions continue to operate after converting an appeal into a revision application
Parties & counsel
- appellant
Ganesh Dhondu Gurav
- respondent
Mrs. Suman Ganesh Gurav
Coram
A.S. OKA
Case details
As recorded by the court registry
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