Lok Pal Singh, J.

1. The aforementioned criminal misc. applications have been filed under section 482 of the Cr.P.C., 1973 against orders passed by respective Family Court Judges, on interim maintenance applications filed in pending proceedings under Section 125 of the Code. Out of the aforementioned criminal misc. applications, filed under section 482 of the Cr.P.C., 1973 some are filed against rejection of interim maintenance applications and some are filed against allowing of the interim maintenance applications, all passed under section 125 of Cr.P.C., 1973 Upon hearing the bunch of aforementioned C-482 petitions, Coordinate Bench of this Court has observed as to whether the C-482 petitions in this regard are maintainable or not, and clubbed the petitions.

2. The core issue before this Court is-as to whether an application under section 482 of Cr.P.C., 1973 or a criminal revision under section 397 of Cr.P.C., 1973 is maintainable?

3. The Parliament has enacted the Family Courts Act, 1984 (Act No. 66 of 1984) to provide for the establishment of Family Courts with a view to promote conciliation in, and secure speedy settlement of, disputes relating the marriage and family affairs and matters connected therewith.

4. Statement of objects and reasons of the Family Courts Act, 1984 (hereinafter referred to as 'the Act') are extracted herein under:

"Statement of Objects and Reasons.- Several associations of women, other organizations and individuals have urged, from time to time, that Family Courts be set up for the settlement of family disputes, where emphasis should be laid on conciliation and achieving socially desirable results and adherence to rigid rules of procedure and evidence should be eliminated. The Law Commission in its 59th report (1974) had also stress that in dealing with disputes concerning the family the court ought to adopt an approach radically different from that adopted in ordinary civil proceedings and that it should make reasonable efforts at settlement before the commencement of the trial. The code of Civil Procedure was amended in 1976 to provide for a special procedure to be adopted in suits or proceedings relating to matters concerning the family. However, not much use has been made by the courts in adopting this conciliatory procedure and the courts continue to deal with family disputes in the same manner as other civil matters and the same adversary approach prevails. The need was, therefore, felt, in the public interest, to establish Family Courts for speedy settlement of family disputes.

2. The Bill inter alia, seeks to:-

(a) provide for establishment of Family Courts by the State Government;

(b) make it obligatory on the State Governments to set up a Family court in every city or town with a population exceeding on million;

(c) enable the State Government s to set up, such courts in areas other than those specified in (b) above;

(d) exclusively provide within the jurisdiction of the family Courts the matters relating to:-

(i) matrimonial relief, including nullity of marriage, judicial separation, divorce, restitution of conjugal rights, or declaration as to the validity of a marriage or as to the matrimonial status of any person;

(ii) the property of the spouses or of either of them;

(iii) declaration as to the legitimacy of any person;

(iv) guardianship of a person or the custody of any minor;

(v) maintenance, including proceedings under Chapter IX of the Code of Criminal Procedure;

(e) make it obligatory on the part of the Family Court to endeavour, in the first instance to effect a reconciliation or a settlement between the parties to a family dispute. During this stage, the proceedings will be informal and the rigid rules of procedure shall not apply;

(f) provide for the association of social welfare agencies, counsellors, etc., during conciliation stage and also to secure the services of medical and welfare experts;

(g) provide that the parties to a dispute before a Family Court shall not be entitled