This case involves a miscellaneous appeal challenging an order of maintenance passed by the Family Court, Samastipur. The High Court Bench allowed the plea and permitted the petitioner to convert the application into an appropriate appeal.
The petitioner was permitted to convert the application into an appropriate appeal/appeal within two weeks.
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 JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3664 of 2017
Arising Out of PS. Case No.- Year-1111 Thana- District-
======================================================
Luxmi Sahni
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anshu Dhar Sharma, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 18-09-2019
The impugned order dated 28.11.2016 is a final order of maintenance passed by the learned Principal Judge, Family Court, Samastipur, in Maintenance Case No.70 of 2014 in a proceeding under Section 125 Cr.P.C.
Hence, miscellaneous appeal under Section 19(4) of the Family Courts Act, 1984, is maintainable.
Petitioner is permitted to convert this application into an appropriate application/appeal within two weeks and thereafter notice should go to Opposite Party No.2 to 5 through both the processes. Requisites must be filed within two weeks after conversion of the application.
(Birendra Kumar, J)
Mkr./-
U
1 issue framed by the court
Whether a miscellaneous appeal under Section 19(4) of the Family Courts Act, 1984 is maintainable against an order of maintenance passed by the Family Court under Section 125 Cr.P.C.
2 provisions across 2 enactments
Luxmi Sahni
The State Of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
