petitioner challenged a Family Court order awarding maintenance under Section 125 CrPC. Court permitted conversion to a Criminal Revision application following a Division Bench pronouncement.
Petitioner permitted to convert this application into a Criminal Revision application within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3129 of 2012
====================================================== Dipak Kumar Gupta .... .... Petitioner/s Versus Smt.Priti Gupta @ Priti Raj & Anr. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 04. 10-10-2012 Mr. Pandit Jee Pandey, learned counsel appearing on behalf of the petitioner and Mr. B.K. Sinha, learned Senior Counsel appearing for the respondents are present. The petitioner by the present application has questioned the order dated 11.11.2011 passed by the learned Principal Judge, Family Court, Patna in Maintenance Case No. 123M of 2010, whereby the learned court in exercise of power vested under Section 125 of the Code of Criminal Procedure has directed for payment of maintenance of Rs. 5,000/- to the respondent no. 1 and Rs. 2,000/- to respondent no. 2 and has also awarded a sum of Rs. 6,000/- by way of litigation cost. The order having been passed in exercise of powers vested in the Family Court under Section 125 of the Code of Criminal Procedure is revisable.
Following the Division Bench pronouncement since reported in 2008(4) PLJR 817 (Raj Kumar Sah Vs. The State of Bihar & Anr.), Mr. Pandey, learned counsel appearing for the petitioner is permitted to convert this application into a Criminal Revision application within a period of four weeks’ from today.
S.Sb/-
(Jyoti Saran, J)
1 issue framed by the court
Whether the order of the Family Court passed under Section 125 CrPC is revisable.
Colour shows how this judgement treated each authority
Raj Kumar Sah Vs. The State of Bihar & Anr.Referred¶3
2008(4) PLJR 817 (Raj Kumar Sah Vs. The State of Bihar & Anr.)
1 provisions across 1 enactments
Dipak Kumar Gupta
Smt. Priti Gupta @ Priti Raj
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
