[2026:RJ-JD:11082-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Misc. Appeal No. 135/2025 Shanker Lal S/o Sh. Meharam, Aged About 38 Years, R/o Gurabedaghar, Udaipur, At Present Near Sanjiwani Hospital, Behind Honda Showroom, Sirohi, Teh. And Dist. Sirohi.

----Appellant Versus Magudevi W/o Shankar Lal, R/o Gurabedaghar, Udaipur, At Present Near Sardalpura Excise Office, Sirohi, Teh. And Dist.

Sirohi.

----Respondent For Appellant(s) : Ms. Urmila Chauhan For Respondent(s) : Mr. Mahip Singh HON'BLE MR. JUSTICE ARUN MONGA HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

06/03/2026

1. Appeal herein is against an order dated 22.10.2024 passed by learned Family Court, Sirohi, whereby an application under Section 125 of Cr.P.C., 1973 filed by respondent-wife against the appellant-husband was allowed and maintenance of Rs. 15,000/-

per month was directed to be paid to the wife.

2. At the very outset, without adverting to the merits of the case, a query was put to the learned counsel for the appellant as to how the instant appeal is maintainable in the teeth of Section 19 of the Family Courts Act, 1984, whereby Chapter IX of Cr.P.C. containing Section 125 thereof has been excluded, she would submit that since the order has been passed by Family Court, the appeal is maintainable.

3. However, we are not able to subscribe to the aforesaid view as the language of Section 19 of the Family Courts Act is clear as daylight as is borne out from the plain reading thereof which is as 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 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.

(5) Except as aforesaid, no appeal or revision shall lie to any court from any judgment, order or decree of a Family Court.

4. Clearly, the proviso to Sub-section 2 of Section 19 of the Act, ibid, does not require any debate as it is simply stated therein that no appeal shall lie from an order passed under Chapter IX of the Cr.P.C.

5. Similar view has been expressed by the Division Bench of Allahabad High Court in Deepak versus Smt. Reena¹ in the following words:

“8. While, it is true that every judgment or order passed by a Family Court is appealable to the High Court both on facts and law, except interlocutory orders and though it may be expected that order providing for maintenance is of the nature that may be appealable, at the same time, the right of appeal granted

1 First Appeal Defective No. 377 of 2023, Neutral Citation No. - 2023:AHC:219268-DB under Section 19(1) of the Act is hedged. It has been made subject to the provision of Section 19(2) of the Act. By using the words "Save as provided in sub-section (2)", the parliament has left no doubt to be entertained as to the supremacy of sub- sect