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2015 Supreme(All) 3770

ALLAHABAD HIGH COURT
Vishnu Chandra Gupta, J.
Mohammad Nadeem - Appellant
Versus
State of U.P. and Another - Respondent
Criminal Revision No. - 98 of 2015 With U/S 482/378/407 No. - 490 of 2015 and U/S 482/378/407 No. - 745 of 2015
Decided On : 31-03-2015

Advocates Appeared:
For the Revisionist :Suhail Kashif, Parijaat Belaura and Ms. Prashansa Singh, Advocates,
For the Opposite Party :Govt. Advocate

The Family Court Act is a self-contained code, and the remedies available under the Act prevail over remedies available in any other law for challenging the orders passed by the Family Court.

Headnote:

Family Court Act - Jurisdiction - Section 19, Section 7, Section 8, Section 10, Section 18, Section 20 - The judgment discusses the jurisdiction and remedies available under the Family Court Act, emphasizing that the Act is a self-contained code prescribing the jurisdiction of the court, the procedure in deciding the cases, and the remedies against the judgments and orders passed by the Family Court. It highlights the provisions of the Act, the mode of execution of decrees and orders, and the over-riding effect of the Act over other laws.

Fact of the Case:

The court addressed the question of whether judgments and orders passed by the Family Court are subject to remedy provided under Section 19 of the Family Courts Act, 1984 or under the provisions of any other law. The judgments and orders under challenge involved applications under Section 125 Cr.P.C. and Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Finding of the Court:

The court found that the Family Court Act is a self-contained code, prescribing the jurisdiction of the court, the procedure in deciding the cases, and the remedies against the judgments and orders passed by the Family Court. It concluded that the remedies available in the Cr.P.C. in respect of the order passed under Chapter IX of Cr.P.C. could not be pressed into service in view of the expressed provisions contained in section 19 of the FC Act.

Issues: The main issue was whether the remedies available under the Family Court Act prevail over remedies available in any other law for challenging the orders passed by the Family Court.

Ratio Decidendi: The court held that the Family Court Act is a self-contained code, and the remedies available under the Act prevail over remedies available in any other law for challenging the orders passed by the Family Court.

Final Decision: The court concluded that the remedies available in the Cr.P.C. in respect of the order passed under Chapter IX of Cr.P.C. could not be pressed into service in view of the expressed provisions contained in section 19 of the FC Act. It directed the withdrawal of certain petitions and provided directions for dealing with future appeals, revisions, and petitions against orders passed by the Family Court.

JUDGMENT

Vishnu Chandra Gupta, J.

The moot preliminary legal question for determination before this Court is:

Whether the judgements and orders passed by Family Court are subject to remedy provided under Section 19 of Family Courts Act, 1984 or under the provisions of any other law for the time being enforce like; Criminal Procedure Code,1973, Code of Civil Procedure,1908 and Hindu Marriage Act etc?

2. The short reference of the Judgement and orders under challenge would be necessary to determine the aforesaid question.

3. By means of Criminal Revision No.98 of 2015 under Section 397 /401 Criminal Procedure Code,1973 (For short 'Cr.P.C'), the revisionist has prayed for quashing of the impugned judgement and order dated 20.1.2015 passed by the learned Principal Judge, Family Court, Barabanki in Case No. 438 of 209, Aasiya Khatoon Vs. Mohammad Nadeem under Section 3, Muslim Woman (Protection of Rights on Divorce)) Act, 1986 (for short ''Act 1986'), whereby the application moved by opposite party no. 2 Smt. Aasiya Khatoon under section of 3 of Act, 1986 has been allowed for payment of Mehar (dower) of Rs. 21,000/- and towards expenses during iddat period Rs. 17,500/- to the opposite party no. 2 within one month from the date of order.

4. In Criminal Misc. Case No. 490 of 2015 (U/s section 482 Cr.P.C), the petitioner has prayed for quashing of the order dated 21.10.2014 passed by the Principal Judge, Family Court, Barabanki in Criminal Misc. Case No. 1225 of 2013, Ram Lal and another Vs. Vechu, whereby the application of opposite party No.2 and 3 under section 125 Cr.P.C. has been partly allowed for payment of maintenance of Rs. 3000/- per month to the opposite party no. 2 and Rs. 3000/- per month to opposite party no. 3 till her marriage takes place.

5. In Criminal Misc. Case No. 745 of 2015 (U/s 482 Cr.P.C), the petitioner has prayed for quashing of order dated 13.11.2014 passed by the Principal Judge, Family Court, Barabanki in Criminal Misc. Case No. 2217 of 2014 Smt. Momina Vs. Abdul Lateem, whereby the application under section 125 Cr.P.C. moved by opposite party No.2 and 3 has been partly allowed for payment of maintenance of Rs. 2000/- per month by the petitioner to the opposite party no. 2, Smt. Momina and Rs. 1000/- per month to Km. Mosina opposite party no.3, till she attains majority.

6. Since common question of law is involved in these petitions, the aforesaid question is being disposed of by a common order.

7. I have heard the learned Counsel for the parties and also the State Counsel and perused the material placed before this Court.

8. It is not in dispute that all the orders assailed in these petitions/revision were passed by the Family Courts. All these orders are the final orders deciding the application under section 125 Cr.P.C. or application under section 3 of Act, 1986. The Family Courts Act,1984 (hereinafter referred to as 'FC Act') is a self contained code which contains remedy against the Judgement/decree/order passed by the Family Court as contained in section 19 of the FC Act.

9. Section 7 of the F.C.Act specifies that Family Court shall exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the explanation of sub section (1). It is also mentioned in this section that Family Court be deemed for the purposes of exercising such jurisdiction under such law, to be a district court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the Family Court extends. Section 7 is quoted below for ready reference;

" 7. Jurisdiction.-- (1) Subject to the other provisions of this Act, a Family Court shall-

(a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation;



















































































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