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2023 Supreme(Online)(KER) 12956

HIGH COURT OF KERALA
MUHAMMED RASSAL – Appellant
Versus
AAINA MARLIYA – Respondent


O R D E R

Dated, this the 06th January, 2023 In this revision petition filed under Section 19(4) of the Family Courts Act, 1984, the revision petitioner, who is the respondent in M.P.No.510/2021 in M.P.No.123/2021 (in fact M.C.No.123/2021) on the files of the Family Court, Muvattupuzha, impugns order in the above M.C. dated 03.11.2022, where the Family Court granted maintenance at the rate of Rs.5,000/-

each to the respondents 1 and 2 herein.

2. Whether an interim or interlocutory order passed in a criminal proceedings is revisable under Section 397, 399 and 401 of the Code of Criminal Procedure?

3. Section 19(4) of the Family Courts Act, 1984, reads as follows:

[(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.]

4. Chapter IX of the Code of Criminal Procedure, 1973 (hereinafter referred as 'Cr.P.C.', for short) deals w

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