1. The above Family Court Appeal came to be admitted on 1692015. The same is directed against the judgment and order dated 2242015 passed by the Learned Judge of the Family Court whereby the Petition being No.E98/ 2013 filed by the Appellant under Section 125 of Cr.P.C along with Sections 18, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005, came to be dismissed.

2. In the above Appeal, the Appellant has filed the instant Civil Application No.258 of 2015, claiming the following interim reliefs pending the above Family Court Appeal:

(a) Pending the hearing and final disposal of the Appeal, the Respondent be directed to pay Rs.30,000/- per month to me by way of interim maintenance.

(b) Pending the hearing and final the Hon'ble Court may be directed the Respondent to allow me to stay in my matrimonial house at Pune being Flat No.A204, Gera Landmark, Kalyani Nagar, Pune 411006.

3. To the above Civil Application, the Respondent husband has filed an Affidavit in Reply dated 2192016, in which, in paragraph 7 he has taken an objection to the maintainability of the above Family Court Appeal under Section 19 of the Family Courts Act 1984, on the ground that the said Petition No.E98 of 2013 was filed by the Appellant under Section 125 of the Cr.P.C and Sections 18, 20 and 22 of the Domestic Violence Act, 2005. He has thereafter reproduced Section 19 of the Family Courts Act in verbatim so as to buttress his case of the above Family Court Appeal being not maintainable.

4. The above Civil Application had come up before a Division Bench of this Court on 14-12-2017. On the said day though the Respondent had not appeared, the Division Bench considered the reply filed on behalf of the Respondent and recorded as under: On a reading of the reply filed by the respondent, we find much force in the objection raised on behalf of the respondent that the appellant would not be entitled to file an appeal against the order passed under Chapter IX of the Code of Civil Procedure, 1908 in view of the provisions of Sections 19(2) and 19(4) of the Family Courts Act, 1984. We, prima facie, find that the prayer made by the applicant before the Family Court for grant maintenance of Rs.30,000/- per month was made under the provisions of Section 125 of the Cr.P.C. Also, against a final order passed under the provisions of the Protection of Women from Domestic Violence Act, 2005, an appeal would lie to the Court of Sessions in view of the provisions of Section 29 of the Act of 2005. Since we are prima facie inclined to uphold the preliminary objection raised on behalf of the respondent, the learned Counsel for the appellant seeks some time to find out the case law on the aforesaid aspect. Hence, stand over after Christmas Vacations. That is how the hearing as regards the objection in respect of the maintainability of the above Family Court Appeal is before us for consideration.

5. In the context of the said objection raised on behalf of the Respondent, it would be apposite to reproduce Section 7(2) of the Family Courts Act and Sections 18, 20, 22 and 26 of the Domestic Violence Act:

Section 7(2) of the Family Courts Act

7(2) Subject to the other provisions of this Act, a Family Court shall also have and exercise --

(a) the jurisdiction exerciseable by a Magistrate of the first class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973 (2 of 1974) and

(b) such other jurisdiction as may be conferred on it by any other enactment Sections 18, 20, 22 & 26 of the Domestic Violence Act

18. Protection orders.—The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from—

(a) committing any act of domestic violence;

(b) aiding or abetting in the commission