CHAMPA Vs. ROOPLAL

JUDGEMENT

(1.) This revision petition is directed against the order dated 3rd June, 2009 passed by Judge, Family Court, Jodhpur in Criminal Original Case No. 201/2003, whereby application under Section 125 Cr.P.C. filed by present petitioners was partly allowed. The application of petitioner no.1 Smt. Champa wife of Rooplal was dismissed. Application filed by petitioners no. 1 and 2 namely Kumari Minal and Master Jatin was allowed and respondent Rooplal was directed to pay a sum of Rs.750/- per month to Kumari Minal and Rs. 750/- per month to Master Jatin, towards maintenance, from the date of interim application i.e. 14th January, 2005.

(2.) Being aggrieved with the aforesaid order of Family Court, the petitioners had preferred this revision petition before this Court as D.B. Criminal Appeal under Section 19(6) of the Family Court Act, 1984 (hereinafter to be referred as 'the Act of 1984'), but it appears that a correction was made and it was subsequently described as S.B. Criminal Revision under Section 19(6) of the Family Court Act, 1984.

(3.) The matter was listed before the learned Single Judge on 15th July, 2013, arguments were heard finally and order was reserved. Learned Single Judge vide its order dated 17th July, 2013, directed that this S.B. Criminal Revision Petition be treated as D.B. Petition for Family Courts and Matrimonial matters and be listed before Division Bench. The order passed by the learned Single Judge dated 17th July, 2013 is reproduced as under:-