Madhuri Devi vs State Of U.P. And Another
2022 Latest Caselaw 1127 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- CRIMINAL REVISION No. - 178 of 2017
 

 
Revisionist :- Madhuri Devi
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Arvind Kumar
 
Counsel for Opposite Party :- Govt. Advocate,Desh Ratan Mishra
 

 
Hon'ble Brij Raj Singh,J.

Called in revise. None appeared for the revisionist.

Heard learned A.G.A. for the State and Sri Desh Ratan Mishra, learned counsel for opposite party no.2.

The present revision has been preferred challenging the validity of judgment and order dated 11.01.2017 passed by the Judge, Family Court/Additional District Judge, (F.T.C.), Court No.37, Barabanki by which the Case No.29 of 2010, under Section 125 Cr.P.C. has been rejected.

Learned counsel for the opposite party no.2 has taken preliminary objection that against the final order passed by the Family Court, the criminal revision under Section 19 (4) of the Family Courts Act, 1984 will not lie. He has invited attention of this Court towards Section 19 (1) as well as Section 19 (4) of the Family Courts Act, 1984.

The combined reading of Section 19 (1) as well as Section 19 (4) of the Family Courts Act, makes it clear that the final order is not reviseable, however, it is appealable.

Accordingly, the revision is dismissed. However, the revisionist will be at liberty to seek remedy as available under the law.

Order Date :- 11.4.2022

Atul