The court held that the Family Court Appeal is not maintainable against the challenged Section 125 CrPC order due to bar under Section 19(2) of the Family Courts Act, urging recourse to Section 19(4)
Appeal disposed of as not maintainable. Appellant barred from filing this appeal and directed to resort to remedy under Section 19(4).
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.
pvr 1 41fca213-15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Family Court Appeal NO. 213 OF 2015 MRS. JYOTI SANTOSH NAIR ...Petitioner Versus MR. SANTOSH KUMAR NAIR ...Respondent
None for the Appellant.
None for the Respondent.
CORAM : A.S.OKA & G.S.KULKARNI, JJ. DATED : 16th MARCH,2016.
P.C.:
pvr 2 41fca213-15.doc
However, disposal of this appeal will not prevent the Appellant from challenging the impugned judgment and order by filing appropriate proceedings in accordance with law.
(G.S.KULKARNI, J.) (A.S.OKA, J.)
2 issues framed by the court
Whether a Family Court Appeal is maintainable against an order under Section 125 CrPC.
What is the appropriate remedy under the Family Courts Act, 1984 for an appellant whose appeal is barred under Section 19(2).
1 provisions across 1 enactments
Mrs. Jyoti Santosh Nair
Mr. Santosh Kumar Nair
A.S.Oka
G.S.Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
