MD. MANJOOR ALAM Vs. HASENA KHATOON

JUDGEMENT

(1.) The present Miscellaneous Appeal has been filed impugning the final order dtd. 10/1/2020, passed by learned Additional Principal Judge, Family Court, Katihar, in Maintenance Case No. 197 of 2013/C.I.S. No. 618 of 2014, whereby the appellant has been directed to pay maintenance to his wife and two children.

(2.) The office has raised objection regarding maintainability of the present Miscellaneous Appeal in view of the ruling of Hon'ble Division Bench of this Court in the case of Raj Kumar Sah Vs. The State of Bihar and Anr., as reported in 2008 (4) PLJR 817, wherein Hon'ble Division Bench, after considering all the relevant statutory provisions and case laws, has clearly held that the final order passed by Family Court under Sec. 125 Cr. P.C. is amenable to Criminal Revision in High Court.

(3.) However, learned counsel for the appellant contests the objection raised by the office submitting that the objection is not sustainable in view of the decision of Hon'ble Full Bench of this Court in the case of Sunita Kumari Vs. Prem Kumar as reported in 2009 SCC Online Pat 253.