Point of Law: it is clear that the provision is made to protect the weaker spouse from her vagrancy and merely because the appeal is not maintainable against the order passed under Section 125 Cr.P.C., as mentioned in sub-section 2 of Section 19 of the Family Courts Act. a person is not left as remedy less. The legislature has taken care of such a situation and hence under Section 19(4) of the Act, it has been provided that 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 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

JUDGMENT :

1. The instant first appeal has been filed under Section 19 of the Family Courts Act on behalf of the appellant Liaqat Hussain, against the judgment and order dated 28.8.2020 passed by the Principal Judge, Family Court, Amroha in Case No. 173 of 2017 (Smt. Zainab Parveen Vs. Liaqat Hussain) whereby the application moved by the respondent-wife claiming maintenance for herself and her minor daughter under Section 125 of the Code of Criminal Procedure has been allowed and the appellant-husband was directed to pay maintenance at the rate of Rs. 7000/-per month to the wife Smt. Zainab Parveen and Rs. 5000/-per month to the minor daughter Aleema Hussain to be paid by the appellant by the 10th of each month from the date of order.

2. The Stamp Reporter of this Court raised objections in respect of competence of this appeal as not maintainable in view of Section 19 of the Family Courts Act, 1984.

3. The question which arises in the present appeal is whether an appeal would lie under Section 19 of the Family Courts Act, 1984 against an order passed by the Family Court in a proceeding filed under Chapter IX of the Code of Criminal Procedure (Section 125 to 128).

4. Before adverting to the maintainability of the appeal, the factual background of the case is that the appellant was married with the respondent-Zainab according to Muslim custom and rites on 31.3.2013 and out of their wedlock a female child was born, but on account of matrimonial bickering, the respondent-wife left the house of her husband and started living in her parental house under compelling circumstances and as she could not maintain herself and her minor daughter aged 3 years, she moved an application under Section 125 Cr.P.C. before the Family Court, Amroha on 01.9.2017 claiming maintenance from the appellant. After considering the facts of the case, the learned Family Judge passed an order on 28.8.2020 granting maintenance at the rate of Rs. 7,000/-to the wife and Rs. 5000/- to the child per month from the date of order. Being aggrieved by the order dated 28.8.2020, the appellant has come up before this Court by filing the present appeal under Section 19 of the Family Courts Act, 1984.

5. The Family Courts Act, 1984 was enacted to promote speedy settlement of dispute relating to marriage and family affairs. Section 7 of the Act deals with the jurisdiction of the Family Court. By virtue of Section 7(2)(a) of the Act, the proceeding under Chapter IX Section 125 Cr.P.C. shall lie before the Family Court. It would be apposite to reproduce section 7(2)(a) of the Act.

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

(a) the jurisdiction exercisable 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);

Section 19 of the Act deals with the appeals and revisions, which falls under Chapter V of the said Act, which is quoted herein below:

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 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)