IMPORTANT POINT
The Family Court Act, 1984 governs appeals from Family Court orders, overriding the provisions of the Code of Criminal Procedure, making appeals under the Code not maintainable.

JUDGMENT :

Hon'ble Abdul Moin, J.

1. By means of the instant appeal filed under Section 380 of Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 341 of the Criminal Procedure Code, 1973 in short 'Code, 1973'), the appellant seeks to challenge the order dated 24.07.2024 passed by learned Family Court whereby the application filed by the appellant under Section 340 of the Code, 1973 has been rejected.

2. A preliminary objection has been taken by Sri Piyush Kumar Singh, learned AGA appearing on behalf of respondent no.1, that considering the provisions of Section 19 of the Family Court Act, 1984 (hereinafter referred to as the 'Act, 1984'), the appellant will have to file an appeal under the provisions of the Act, 1984 itself and instant appeal would not be maintainable.

3. Learned AGA argues that Section 19 of the Act, 1984 clearly provides for filing of an appeal and as such the instant appeal filed under the provisions of the Code, 1973 would not be maintainable.

4. Heard Sri Jitendra Kumar Lakhmani, the appellant, who appeared in person, and learned AGA for the State on the preliminary objection.

5. The appeal has been filed under Section 341 of the Code, 1973 (now Section 380 of BNSS, 2023) aggrieved against the order dated 24.07.2024 whereby the application filed under Section 340 of the Code, 1973 has been rejected by learned Family Court.

6. In order to consider the preliminary objection as raised by learned AGA the Court may have to consider the provisions of Section 19 of the Act, 1984.

7. For the sake of convenience, Section 19 of the Act, 1984 is reproduced as under:-

"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 (59 of 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 preferred under sub-section (1) shall be heard by a Bench consisting of two or more Judges."

8. From perusal of the provisions of Section 19 of the Act, 1984, it emerges that the Act categorically provides that except as provided in sub-section (2) of Section 19 of the Act, 1984 and notwithstanding anything contained in the Code of Criminal Procedure, 1973 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.

9. Sub-section (2) of Section 19 of the Act, 1984 provides that 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.

10. The order which is sought to be challenged in the instant appeal is not an order passed on the basis of consent between