Misconceived petition invoking power under section 482 of Cr.P.C. to set aside an Order passed by a Family Court is not maintainable.

JUDGMENT

(Prayer:Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to set aside the Order dated 06.12.2021 in Crl.M.P.No.692 of 2019 in M.C.No.278 of 2019 pending before the V Additional Family Court, Chennai.)

This Criminal Original Petition has been filed camouflage in the name of a direction to set aside the Order dated 06.12.2021 passed in Crl.M.P.No.692 of 2019 in M.C.No.275 of 2019 on the file of the V Additional Family Court, Chennai.

2. Heard the learned counsel appearing for the petitioner and the learned counsel for the respondents and perused the materials available on record.

3. At the outset, this Court is of the view that very invoking power under section 482 of Cr.P.C. to set aside an Order passed by a Family Court is misconceived and such a petition is not maintainable. It is relevant to note that Chapter V of the Family Court Act reads as follows :

CHAPTER V - APPEALS AND REVISIONS

19. Appeal. -(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908(5 of 1908), or in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order of a Family Court to the High Court both on facts and on law.

(2) No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties or from an order passed under Chapter Ix of the Code of Criminal Procedure, 1973 (2 of 1974):

Provided that nothing in this sub-section shall apply to any appeal pending before a High Court or any order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974), before the commencement of the Family Courts (Amendment) Act, 1991.

(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Family Court.

(4) The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding.

(5) Except as aforesaid, no appeal or revision shall lie to any Court from any judgment, order or decree of a Family Court.

(6) An appeal referred under sub-section (1) shall be heard by a Bench consisting of two or more Judges. A perusal of the above section makes it very clear that any decree or Order passed by the Family Court, in respect of Chapter IX of the Code of Criminal Procedure, there is a specific bar in preferring an appeal invoking Section 482 of Cr.P.C. to set aside the Order granting maintenance to the petitioner and the minor child.

4. Be that as it may. In an earlier occasion, this Court by its Order dated 22.04.2022 has directed the assessment of the child by an expert. With the consent of both parties, child was referred to NIMHANS, Bangalore for such assessment. Now both sides submitted that the child was properly assessed by NIMHANS. It is the contention of the learned counsel for the respondent that the assessment as suggested CMC, Vellore is also asked to be continued by NIMHANS and it also suggested that child should mingle with the other children and except that NIMHANS has not suggested any contrary to the suggestion given by CMC, Vellore. Hence, it is the duty of the petitioner to take care of the medical expenses of the child, who is said to be suffering from Autism.

5. In such view of the matter, the very entertaining of the petition under section 482 of Cr.P.C. as against the Order passed by V Additional Family Court, is not correct. Hence, this Court is not inclined to go into the merits of the Order passed by the V additional Family Court. If at all any appeal has to be pr