The High Court dismissed a writ petition under Section 482 Cr.P.C. challenging a Family Court judgment, holding that the remedy lies under Section 19 of the Family Court Act. Liberty was given to approach the competent forum.
Writ petition dismissed; liberty to approach the forum with jurisdiction under section 19 of the Family Court Act.
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.
IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr.M.P. No. 162 of 2022
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Sumit Kumar, s/o Sreemohan Yadav, aged about 34 years, r/o 309, Phase 5, K.K.Colony, Plot No.309, Chira Chas, PO and PS Chas, District Bokaro
….. Petitioner
-- Versus --
The State of Jharkhand and Anr. …... Opposite Parties
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner :- Mr. Pradeep Kumar, Advocate For the State :- Mr. Vineet Kumar Vashistha, APP
2 /22.02.2022 This petition has been heard through Video Conferencing in
view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.
This petition has been filed against the judgment passed by
the Principal Judge, Family Court, Bokaro. Any order passed by the Family Court is governed by Section 19 of the Family Court Act.
The remedy is elsewhere and not under Section 482 Cr.P.C.
Accordingly, this petition is dismissed.
A liberty is preserved with the petitioner to move before the
forum which is having jurisdiction under section 19 of the Family Court Act.
( Sanjay Kumar Dwivedi, J)
SI/
1 issue framed by the court
Whether the writ jurisdiction under Section 482 Cr.P.C. is available to challenge the judgment of the Family Court.
2 provisions across 2 enactments
Sumit Kumar
The State of Jharkhand
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
