Dismissed

Shri. Nirangkush Upendra Das Son of Shri. Upendra Nath Das v. Smt. Bishmita Dutta Baruah Wife of Shri. Nirangkush Das

Bombay HC19 Dec 2016FCA/210/2016

Case brief

AI extract

What is this about?

A single judge held that a family court appeal against a section 125 CrPC order is not maintainable. The appellant was permitted to convert the appeal into a revision under section 19(4) of the Family Court Act, 1984, to be heard by a Division Bench.

What did the court decide?

Appeal converted into a Revision under Section 19(4) of the Family Court Act, 1984.

Shri. Nirangkush Upendra Das Son of Shri. Upendra Nath… — Service and Employment | Bombay HC (2016)

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rsk 1 22-123-2-FCA-210-16.doc

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FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION

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FAMILY COURT APPEAL NO.210 OF 2016 WITH CIVIL APPLICATION NO.323 OF 2016 IN

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FAMILY COURT APPEAL NO.210 OF 2016

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Office Notes,	Court’s or Judge’s orders
Office
Memoranda of
Coram,
Appearances, court’s orders or
directions and
Registrar’s orders

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Mr. Sandeep Phatak a/w Debajyoti Talukadar for the Appellants.

¶7

CORAM : A.S.OKA AND

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ANUJA

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PRABHUDESSAI,JJ.

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DATE : DECEMBER 19, 2016.

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P.C.:

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. A Family Court Appeal against the order passed on Petition under section 125 of the Code of Criminal Procedure Code,1973 is not maintainable. Remedy of the Appellant is under sub-section (4) of section 19 of the Family Court Act, 1984.

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We, therefore, permit the Appellant to convert this Appeal into a Revision under sub-section (4) of Section 19 of the Family Court Act, 1984. Amendment to be carried out within a period of two weeks from the date of uploading of this order.

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rsk 2 22-123-2-FCA-210-16.doc

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If the amendment is carried out, Revision shall be placed before the Hon'ble Chief Justice for passing an order for assigning the same to the Division Bench taking up the FCA Nos.208/2016 and 209 /2016.

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( ANUJA PRABHUDESSAI ,J) (A.S.OKA,J.)

Shri. Nirangkush Upendra Das Son of Shri. Upendra Nath Das v. Smt. Bishmita Dutta Baruah Wife of Shri. Nirangkush Das

Case brief

What is this about?

What did the court decide?

Shri. Nirangkush Upendra Das Son of Shri. Upendra Nath Das v. Smt. Bishmita Dutta Baruah Wife of Shri. Nirangkush Das

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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