Case: – Deepak v/s Smt. Reena; First Appeal Defective No. – 377 of 2023
In a recent judgment, the Allahabad High Court passed an order under Chapter IX, Section 125 of the Code of Criminal Procedure, 1973 (Cr.P.C.) and granted a monthly maintenance amount of Rs. 2500/- to Smt. Reena from the date of her application.
The appellant, represented by counsel Asad Ahmad, argued the maintainability of the appeal under Section 19(1) of the Family Courts Act, 1984. However, the court, after careful consideration, dismissed the appeal, citing the provisions of Section 19(2) of the Act.
The judgment highlighted that while Section 19(1) grants a broad right of appeal from every judgment or order of a Family Court to the High Court, it is explicitly subject to the limitations set out in Section 19(2). The latter section specifies that 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 Cr.P.C. The court emphasized the clear language of Section 19, noting that orders passed by the Family Court with reference to Section 125 Cr.P.C., which is part of Chapter IX, are not appealable to the High Court.
In conclusion, the Hon’ble Court held that the appeal lacked merits and was accordingly dismissed. The judgment serves as a noteworthy elucidation on the boundaries of appealability under the Family Courts Act, reaffirming the statutory restrictions outlined in Section 19(2) concerning orders made under Chapter IX of the Cr.P.C.

Author of this article:
Adv. Ravish Bhatt,
Partner, R&D Law Chambers,
Dual Qualified Lawyer Solicitor | International Tax Affiliate

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