S.S.JHA, A.K.GOHIL, SUBHASH SAMVATSAR
RAJESH SHUKLA – Appellant
Versus
MEENA SHUKLA – Respondent
( 1 ) THIS revision is sent on reference to this Bench on the following question of law :"whether against the order passed by the Family Court in an application under Section 125 of the Code while exercising jurisdiction under Chapter IX of the Code, revision under sub-section (4)of Section 19 of the Act should be registered as Civil Revision or criminal Revision or Revision Petition (Family)"
( 2 ) THIS Bench is required to consider the correctness of the judgment delivered in the case of Aruna Choudhary v. Sudhakar choudhary. Question involved is whether revision filed before this Court against the order passed under Section 125 of the Code of criminal Procedure by the Family Court shall be registered as Civil Revision or Criminal Revision. In the case of Aruna Choudhary (supra), division Bench of this Court held that civil revision will lie against the said order.
( 3 ) TO examine the controversy, it will be useful to refer to Section 7 of the Family Courts act, 1984 (hereinafter, referred to as the "act" ). Section 7 of the Act is reproduced below:"7. Jurisdiction.- (1) Subject to the other provision of this Act, a Family court shall- (a) have and exercise all the
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.