The High Court dismissed the appeal filed against a Family Court order enhancing maintenance. The Court held that under Section 19(2) of the Family Courts Act, appeals against orders passed under Chapter IX of the CrPC dealing with maintenance are not maintainable.
The appeal was dismissed as it was held to be not maintainable.
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.
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GAHC010004512017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Mat.App. 30/2018
1:ABUL HUSSAIN BORBHUIYA
S/O LATE NUR UDDIN BORBHUIYA, R/O TULIKHUAHTLANG, HOUSE NO. T 309 , P.S. AND P.O. AIZAWL, DIST. AIZAWL, MIZORAM PIN 796001 PHONE NO. 919436354434
VERSUS
1:AJMERI SULTANA BORBHUIYA
D/O LATE HARISH ALI BORBHUIYA, R/O WATER WORKS ROAD, SILCHAR, P.O. AND P.S. SILCHAR, DIST. CACHAR, ASSAM, PIN 788001, OFFICE ADDRESS CARE OF SILCHARD BAR ASSOCIATION, SILCHAR, DIST. CACHAR, ASSAM, PIN 788001
Advocate for the Petitioner : MR.ALHAJJ INAM UDDIN
Advocate for the Respondent : MR. N H LASKAR
BEFORE
HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
01.06.2018
(Ajit Singh, CJ)
Mr. AI Uddin, learned counsel for the appellant.
Mr. NH Mazarbhuiyan and Ms. L Wajeeda, learned counsel for the respondent.
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The appellant has filed this appeal under Section 19 of the Family Courts Act, 1984 against the order dated 14.09.2016 passed by the Family Court whereby it has allowed respondent’s application under Section 127 of the Code of Criminal Procedure. By the impugned order, the Family Court has directed the appellant to pay enhanced amount of maintenance to the respondent and their minor daughter.
It is to be noted that under Section 19(2) of the Family Courts Act, no appeal is maintainable against the order passed by the Family Court under Chapter IX of the Code of Criminal Procedure, 1973. Chapter IX of the Code of Criminal Procedure deals with order for maintenance of wives, children and parents including alteration in allowance under Section 127.
As mentioned above, the present appeal is directed against the order passed by the Family Court under Chapter IX of the Code of Criminal Procedure. The appeal is, therefore, not maintainable. It is accordingly dismissed.
Sd/Sd/JUDGE CHIEF JUSTICE
Comparing Assistant
2 issues framed by the court
Whether an appeal against a Family Court order granting enhanced maintenance under Section 127 CrPC is maintainable.
Whether Section 19(2) of the Family Courts Act precludes appeals against maintenance orders under Chapter IX CrPC.
3 provisions across 2 enactments
Abul Hussain Borbhuiya
Ajmeri Sultana Borbhuiya
Ajit Singh
Achintya Malla Bujor Barua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
