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2009 Supreme(Pat) 330

PATNA HIGH COURT
Ravi Ranjan, J.
Nawal Patel
Versus
Ramawati Devi
C.R. No. 2142 of 2008
Decided On : FEBRUARY 27, 2009

Headnote:Code of Criminal Procedure, 1973-Section 125-Family Courts Act, 1984-Section 19(4)-Revision against order of maintenance passed u/s 125-Civil revision application not maintainable-Revision application fit to be registered as criminal revision-Petitioner given liberty to convert civil revision into criminal revision.

       2008(4) PLJR 817

       

JUDGEMENT

1. Heard Mr. Jagdish Prasad No.1, learned counsel for the petitioner.

2. Learned counsel for the petitioner submits that the order dated 7.11.2007 passed by the Principal Judge, Family Court, East Champaran, Motihari in Maintenance Case No. 92/2007, whereby the opposite party-petitioner has been directed to pay Rs. 1,000/- per month by way of maintenance in a proceeding under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the Code).

3. In Raj Kumar Sah Vs. The State of Bihar & Anr., reported in 2008(4) PLJR 817, a Division Bench of this Court, of which I was also a Member, has held that against the order passed by the Family Court in an application under Section 125 of the Code, a revision application under Section 19(4) of the Family Court Act, 1984 is fit to be registered as Criminal Revision.

4. I, thus, hold that this Civil Revision application is not maintainable in view of the aforesaid decision of the Division Bench of this Court.

5. However, the petitioner is granted liberty to convert this Civil Revision into a Criminal Revision within two weeks failing which this application shall stand rejected without further reference to a Bench.


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