DHARMENDRA KUMAR TRIPATHI Vs. JEEVAN LATA

JUDGEMENT

(1.) HEARD on admission.

(2.) THE applicant has filed this revision under Section 19(4) of the Family Courts Act, 1984 against the order dated 31-10-2008 passed by the First Additional Principal Judge, Family Court, Raipur in Misc. Criminal Case No. 27/2008, whereby, the said Court has restored the application filed under Section 125, Cr.PC, which was dismissed for want of prosecution on 29-8-2008.

(3.) THERE are many decisions to support the contention that the proceedings under Section 125, Cr.PC are of quasi civil nature. In the matter of Goverdhan v. Smt. Panchkunwar 1964 MPLJ 68, the Madhya Pradesh High Court held that the proceedings under Chapter XXXVI of the Code of Criminal Procedure (as it then was) were of civil nature. In the said case, an ex parte order of maintenance was passed against the husband and the husband became insane during the pendency of the proceedings. The Court held that the next friend of the husband could file an application on behalf of the insane husband to set aside the ex parte order. This was held in the logic that since the proceedings under the said Chapter of the Code of Criminal Procedure are of civil nature, such application can be entertained.