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Page No.# 1/3 GAHC010127202025

undefined THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/2434/2025

KISHOR DAS S/O LATE KULENDRO CH. DAS, R/O WARD NO. 16, R.K. MISSION ROAD NEAR LAW COLLEGE, P.O. BIDYAPARA, P.S. AND DIST. DHUBRI, ASSAM.

VERSUS THE STATE OF ASSAM AND ANR

REPRESENTED BY THE LEARNED PP

2:SHELLY PAUL D/O LATE PATAL PAUL

WARD NO. 5 COLLEGE NAGAR JORHAT PATH NEAR LAW COLLEGE P.O. BIDYAPARA

P.S. AND DIST. DUBRI ASSAM 78332

Advocate for the Petitioner : MR. G K GUPTA, Advocate for the Respondent : PP, ASSAM, MS. K DAS (R-2) ,MS M CHANGMAI (R-2),MR. S

DIHINGIA (R-2)

Page No.# 2/3

BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MR. JUSTICE PRANJAL DAS

ORDER

Date : 23-03-2026 (S.K.Medhi,J)

Shri G. K. Gupta, learned counsel for the applicant/appellant has filed this application under Section 5 of the Limitation Act, 1963 for condonation of delay

of 100 days in filing the connected appeal.

Notice was issued on 31.10.2025, whereafter, the respondents including the respondent no. 2 has entered appearance.

We have however noted that the appeal has been preferred against an Order dated 01.02.2025 passed by the learned Family Court, Dhubri in a proceeding under Section 125 of the CrPC. The Family Courts Act, 1984, in Chapter V provides for appeals and revisions. For ready reference, Section 19 is

extracted herein below:

“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 2 [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.] 3 [(5)] Except as aforesaid, no appeal or revision shall lie to any court from any

Page No.# 3/3 judgment, order or decree of a Family Court.”

From the aforesaid provision of the statute, it clearly appears that no appeal would lie from any order passed under Chapter IX of the Code of Criminal Procedure, 1973 and it is not in dispute that the present order has been passed under Section 125 of the CrPC which come under Chapter IX.

However, under Section 19(4) there is a provision for preferring a revision. We have also noted that while the time prescribed for preferring an appeal

is 30 days under Section 19 (3), in case for revision, no such time has been prescribed by the statute which would mean that the time prescribed by the Limitation Act which is 90 days would be applicable. In that case, it would appear that the present application may not be construed to be barred by

limitation.

In view of the above, Registry is directed to convert the appeal into a revision, renumber and list it for motion.

JUDGE JUDGE

Comparing Assistant

Order downloaded on 26-03-2026 01:56:07 AM