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2013 Supreme(AP) 382

High Court of Andhra Pradesh
K.G. SHANKAR, J.
K.J.J. Paul Prabhudas
Versus
S. Priscilla Priya Kumari & Others
Criminal Revision Case No.1274 of 2013
Decided on : 05-06-2013

Advocates Appeared:
For the Petitioner:Smt I. Maamu Vani, Advocate.

Headnote:A) Family Courts Act, 1984 - Section 19(4), Criminal Procedure Code 1973, Sections 397 and 401:- Since specific period of limitation is prescribed for revisions under Section 19(4), residuary provision under Art.137 of Limitation Act applies. [Para 2]

Judgment :

The office has taken an objection as to the maintainability of this revision on the ground that it is barred by limitation and also on the ground that incorrect provision was quoted.

This revision is filed questioning the order of the Family Court, Kurnool in F.C.M.C.No.11 of 2011 dated 31.07.2012. This revision was laid under Section 19(4) of the Family Courts Act, 1984 (for short ‘the Act’), and not under Sections 397 and 401 of the Criminal Procedure Code, 1898. Article 131 of the Limitation Act, 1963 prescribes the period of limitation for revisions when revisions are filed under the provisions of the Criminal Procedure Code. There is no provision under the Limitation Act for revisions filed under Section 19 of the Act, so much so the residuary Article under Article 137 of the Limitation Act applies to such cases.

Section 19(5) of the Act proscribes filing of revision except under Section 19 of the Act questioning the order of the Family Court. Consequently this revision filed under Section 19(4) of the Act is not only maintainable but is also within time.

The objections raised by the office are overruled. Office shall verify and number the case, if otherwise in order.

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