(1.) UMESHWAR Pandey, J. Heard the learned Counsel for the revisionist and the learned A. G. A.
(2.) THIS criminal revision arises out of the judgment and order dated 6-4-1999 passed by Judge, Family Court, Gorakhpur in Criminal Petition 144/1997 under Section 125 of the Code of Criminal Procedure and divorce petition No. 147/1996 under Section 13 of the Hindu Marriage Act.
(3.) IT is true that Section 10, sub-section (1) and sub-section (2) deals with the procedure which are to be generally adopted by the Family Courts in the matter of disposal of the suits and proceedings of civil and criminal nature. IT would be appropriate to reproduce the provisions of Section 10 aforesaid as below: "procedure generally.- (1) Subject to the other provisions of this Act and the rules, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings (other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973) (2 of 1974), before a Family Court and for the purposes of the said provisions of the Code, Family Court shall be deemed to be a civil Court and shall have all the powers of such Court. (2) Subject to the other provisions of this Act and the rules, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) or the rules made thereunder, shall apply to the proceedings under Chapter IX of that Code before a Family Court. (3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject matter of the suit or proceedings or at the truth of the facts alleged by the one Party and denied by the other. "