AKHILESHWAR KUMAR CHAUDHARY @ RAJ v. Road, Khagaul), P.O./P.S. Khagaul, District Patna
Case at a glance
Outcome
Withdrawn
revision is dismissed as withdrawn
Provisions considered
- Family Courts Act, 1984 s. 19(5)
- Constitution of India art. 227
Judgment
KUMARI NEELAM wife of Akhileshwar Kumar Chaudhary @ Raj Kumar Chaudhary, D/o Sri Ganesh Chaudhary, presently residing at Conpura, Chaudhary Tola, P.S. Phulwari, District Patna… …Opp. Party/Opp. Party For the Petitioner: Mr. Sanjay Kumar @ Manu, Advocate ----------- 3
Operative part
26.02.2010 Learned counsel for the petitioner fairly submits that the civil revision having been filed against an interim order may not be maintainable in view of the specific bar, as contained in section 19(5) of the Family Courts Act, 1984 (hereinafter to be referred to as “Act”) and a decision of the Division Bench to the aforesaid effect in Jagdish Prasad Chouhan v. Bhuneshwar Chouhan and another reported in 2009(4) BBCJ, V-442. However, it is submitted that the bar created by section 19(5) of the Act cannot take away the right of the petitioner to challenge the impugned order by filing a properly constituted writ application under Article 227 of the Constitution of India. Thus, learned counsel for the petitioner seeks permission to withdraw the civil revision to avail any other remedy, 2 which would be available to the petitioner under law. In the above view of the matter, the civil revision is dismissed as withdrawn. SC ( Dr. Ravi Ranjan, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: revision is dismissed as withdrawn
Which statutory provisions did this judgment involve?
Family Courts Act, 1984 — s. 19(5); Constitution of India — art. 227.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.