Judgment · High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 ss. 125, 401
- Family Courts Act, 1984 s. 19
Judgment
THE HON’BLE MR.JUSTICE A.S. PACHHAPURE CRIMINAL REVISION PETITION No.2583/2011 BETWEEN: Sharanayya S / o Malkayya Mathapati, Age: 38 years, 0cc: Beggar, R/o Uplaon, Tq.and Dist. Gulbarga. IBy Sri. Mohanrao Kulkarni and Sri R.H.Matpati, Advocates) AND: Shantamma W / o Sharanavya Mathapati. Age: 35 years, 0cc: Employed in Gampa Big Bazar. Super Market, Gulbarga and Also working in Professional Courier. Super Market, Gulbarga as Counter Operator R/o Gulbarga. Petitioner Respondent This Criminal Revision Petition is tiled L/S.397 R/w 401 of Cr.PC. praying that this Honble Court to seUin aside the order passed in Cr1. I\’lisc. No. 42/2009 by Honb1c Family Court. Gulbara and remanded back to the trial court for fresh disposal by giving opportunity to both the parties, in the interest of justice and equity. This criminal revision petition coming on for Orders. day, the Court made the following: ORDER The Revision petitioner has challenged the order passed by the Family court in Criminal Miscellaneous No. 42/2009 granting maintenance to the respondent on an application filed u/s 125 of CrP.C. Against the said order the present revision petition has been filed u/s 397(1), u/s 401 of Cr.P,C.
#2. Against the orders passed by Family court, the petitioner has to exhaust his remedy u/s 19 of the Family Courts Act 1984. No revision against such orders is maintainable before this Court u/s 397(1) or u/s 401 of Cr.P.C. Therefore. the revision petition is not maintainable. Hence. dismissed. MK Sd! JUDGE
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