Dharmendra Sharma v. Kanchan Devi and Anr.
Case brief
What is this about?
Patna High Court, Miscellaneous Appeal No.457 of 2018, decided 09-09-2025 (Dharmendra Sharma v. Kanchan Devi and Anr.; coram Bibek Chaudhuri and Dr. Anshuman, JJ.; order per Bibek Chaudhuri, J.). Appeal against Family Court, Begusarai order allowing maintenance under section 125 Cr.P.C. (Maintenance Case No.09M/2015). Held: criminal revision, not miscellaneous appeal, is the maintainable remedy against such an order; office defects other than maintainability not required to be cured; appellant granted 8 weeks to convert the appeal into a criminal revision. No counsel appeared for either side; no precedents cited.
What did the court decide?
Miscellaneous appeal held not maintainable; appellant directed to convert the appeal into a criminal revision within 8 weeks from the date of the order; other office defects need not be cured. ¶13