LAWS(UTN)-2016-11-104

RAMESH PRASAD DUTT Vs. ACHILA DUTT AND ANOTHER

Decided On November 21, 2016
Ramesh Prasad Dutt Appellant
V/S
Achila Dutt And Another Respondents

JUDGEMENT

(1.) This appeal is filed against the order passed by the Family Court. The order passed is under Chapter IX of the Cr.P.C. It is an order passed under Section 125 of the Cr.P.C. The Office has raised a defect that no appeal lies under Section 19(2) of the Family Courts Act, 1984(from hereinafter referred to as the "said Act"). Section 19(2) of the said Act reads as under :

(2.) Learned counsel appearing for the appellant would refer us to sub section 4 of Section 19 of the said Act, which reads as follows:

(3.) We do not think that the said provision entitles a party to challenge the order in an appeal. Having regard to the provisions of Section 19 (2) of the said Act, we think that the appeal is not maintainable as pointed out by the Office.