SAPAM TOMBA SINGH Vs. SAPAM (O) BHANU DEVI

JUDGEMENT

(1.) MR . L. Seityandra, learned counsel appearing for the respondent, at the very outset of hearing, contends that the present appeal under Section 19 of the Family Courts Act, 1984 against the judgment and order of the Family Court (impugned order) dated 16.1.2012 passed under Section 127 of the Code of Criminal Procedure,1973, is not maintainable. Section 19(2) of the Family Courts Act,1984 clearly provides that no appeal shall lie from a decree or order passed by the Family Court Under Chapter IX of the Cr.PC,1973.

(2.) CHAPTER IX of the Cr. PC,1973 consists of 4(four) Sections, i.e. 125, 126, 127 and 128. On perusal of the paper book, it is very clear that the respondents filed Criminal Misc. Case No.87 of 2010 under Section 127 of the Cr. PC praying for alteration of the maintenance by increasing the rate of monthly allowance by the petitioner's husband payable by the opposite party ( present appellant). The impugned order dated 16.1.2012 was passed by the learned Family Court in the said Cril. Misc. Case No. 87 of 2010 under section 127 of the Cr. PC. Therefore, it is clear that the present appeal is not maintainable under section 19 of the Family Courts Act, 1984. However, revision may lie against the impugned judgment and order.

(3.) MR . C. Komol, learned counsel appearing for the appellant prays for allowing the convert the present appeal to a Revision Petition.