Revisions arising from applications under Section 125 of the Code should be registered as criminal revisions as they flow from the proceedings under the Code.

( 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 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; and (b) 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. Explanation.-The suits and proceedings referred to in this sub-sections are suits and proceedings of the following nature, namely : (a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights, or judicial separation or dissolution of marriage; (b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person; (c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them; (d) a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship; (e) a suit or proceeding for a declaration as to legitimacy of any person; (f) a suit or proceeding for maintenance; (g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor. (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); and (b) such other jurisdiction as may be conferred on it by any other enactment. "( 4 ) FROM bare perusal of sub-section (2) of section 7 of the Act, it is apparent that jurisdiction exercisable by a Magistrate, First Class under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) relates to maintenance of wife, children and parents. Thus, under sub-section (2) of Section 7, the Family court exercises the jurisdiction of Magistrate, first Class under Chapter IX of the Code of criminal Procedure (hereinafter referred to as the "code" ). Section 8 relates to exclusion of jurisdiction and pending proceedings. Under clause (b) of Section 8 no Magistrate, shall, in relation to such area, have or exercise any jurisdiction or power under Chapter IX of the code. So powers of a Magistrate under Chapter IX of the Code can be exercised at a place where Family Court is established by the Family Court only and not by other Judicial Magistrate of the District. Section 10 of the Act provides for the procedure. Sub-section (2)of Section 10 provides that subject to the