LIAQAT HUSSAIN Vs. JAINAB PARVEEN

JUDGEMENT

(1.) The instant first appeal has been filed under Section 19 of the Family Courts Act on behalf of the appellant Liaqat Hussain, against the judgement and order dated 28.8.2020 passed by the Principal Judge, Family Court, Amroha in Case No. 173 of 2017 (Smt. Zainab Parveen Vs. Liaqat Hussain) whereby the application moved by the respondent-wife claiming maintenance for herself and her minor daughter under Section 125 of the Code of Criminal Procedure has been allowed and the appellant-husband was directed to pay maintenance at the rate of Rs. 7000/- per month to the wife Smt. Zainab Parveen and Rs. 5000/- per month to the minor daughter Aleema Hussain to be paid by the appellant by the 10th of each month from the date of order.

(2.) The Stamp Reporter of this Court raised objections in respect of competence of this appeal as not maintainable in view of Section 19 of the Family Courts Act, 1984.

(3.) The question which arises in the present appeal is whether an appeal would lie under Section 19 of the Family Courts Act, 1984 against an order passed by the Family Court in a proceeding filed under Chapter IX of the Code of Criminal Procedure (Section 125 to 128).