The main legal point established in the judgment is that against an order passed by the Family Court deciding an application under section 125 of the Code, only a Revision would be maintainable under section 19(4) of the Family Courts Act, 1984, and the proceedings before the Family Court under section 125 of the Code are of civil nature and amenable to revisional jurisdiction of a learned Single Judge of the High Court.

Deepak Verma, J.

This order shall govern disposal of all those Misc. Appeals the details of which have been given in Annexure-A attached herewith, as common questions of law and facts were involved in the same, thus they were heard analogously.

Some of the Appeals have become time barred, mainly due to the fact that on account of perplexity, it was not known to the aggrieved parties, as to what would be the proper remedy available to them in the facts and features of the case. Since the parties had genuine difficulty in coming to a definite conclusion about the remedy available to the aggrieved parties, hence delay has been caused. Thus, delay caused deserves to be condoned. Hence all the M.C.Ps. filed in this regard, seeking condonation of delay are allowed. Delay stands condoned. All Misc. Appeals be treated to have been filed within the period of limitation. M.C.Ps. stand closed.

It is necessary to capitulate brief facts of this case, so as to know as to how the matters have been placed before the Division Bench.

The appellant herein, claiming to be wife of the respondent, filed an application u/s 125 of the Code of Criminal Procedure (hereinafter, for brevity shall be referred to as the 'Code') before the Family Court. After consideration of the application on merits, the Family Court, established under the provisions of the Family Courts Act, 1984 (hereinafter for brevity shall be referred to as the 'Act'), rejected the same. Feeling aggrieved by rejection of the application, the appellant initially filed a Civil Revision in the High Court of M.P. Indore Bench, registered as Civil Revision No. 828 of 2003. The same came up for admission before learned Single Judge, whereby, vide order dated 20-3-2003, it has been held as under:-

As per provisions of Family Courts Act, 1984, against the impugned order passed by the Family Court, appeal lies and that will be heard by a Division Bench of High Court.

Therefore this revision is not maintainable.

Learned counsel for the applicant seeks withdrawal of this Revision with liberty to file appeal before the appropriate forum. Prayer is allowed.

After this order having been passed by Learned Single Judge, the present Misc. Appeal u/s 19 of the Act has been filed, which is to be heard by a Division Bench, that is how the matter has been placed before us.

Now the questions that arise for consideration of this Division Bench are:-

1. Whether against an order passed by Family Court, while deciding an application u/s 125 of the Code, an Appeal or Revision u/s 19 of Family Courts Act, 1984 would be maintainable-

In case, against such an order Revision lies to High Court, then, in that case would it be a Civil Revision, Criminal Revision or any other Revision?

Looking to the questions which have cropped up for consideration before this bench, we requested Mr. G.M. Chaphekar, Senior Counsel to address us as Amicus Curiae and to act as friend of the Court. He has accordingly addressed us on the aforesaid two questions elaborately along with other learned counsel appearing for parties.

The relevant provisions under which appeals and revisions could be filed in High Court are contained in section 19 (Chapter-V) of Family Courts Act, 1984. For ready reference the same is reproduced hereinbelow:-

APPEALS AND REVISIONS

19. Appeals. - (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