Harvinder Singh Gulati vs Smt. Harshmeet Kaur And Another
2023 Latest Caselaw 17410 ALL

Citation : 2023 Latest Caselaw 17410 ALL
Judgement Date : 14 July, 2023

Allahabad High Court

Harvinder Singh Gulati vs Smt. Harshmeet Kaur And Another on 14 July, 2023

Bench: Karunesh Singh Pawar





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:45787
 

 
Court No. - 13
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3431 of 2023
 

 
Petitioner :- Harvinder Singh Gulati
 
Respondent :- Smt. Harshmeet Kaur And Another
 
Counsel for Petitioner :- Pal Singh Yadav,Prathama Singh
 

 
Hon'ble Karunesh Singh Pawar,J.

1. By means of this petition, the petitioner has prayed for setting aside order dated 9.6.2023 and order dated 23.5.2023, passed by Addl. Principal Judge-10, Family Court, Lucknow in Criminal Case No.707 of 2020 Harshmeet Kaur and another versus Harvinder Singh Gulati.

2. A preliminary objection has been raised by learned A.G.A. regarding maintainability of the petition. In support of his contention, he has relied on a Division Bench judgment of this court in Liaquat Hussain versus Jainab Parveen and another 2020 SCC OnLine All 1530 (relevant paras 13, 14, 15, 16). It is submitted that remedy of criminal revision would be available for both the interim and final order under section 125 to 128 CrPC under sub section (4) of Section 19 of the Family Courts Act as held by this Court in the aforesaid judgment.

3. A perusal of the judgment shows that the law in regard to the question as to whether an appeal would lie under section 19 of the Family Courts Act against an order passed by the Family court in a proceeding filed under Chapter IX CrPC (Sections 125 to 128 CrPC) or criminal revision would lie has been settled by the Division Bench of this Court. It has been held that under section 19(4) Family Courts Act, the criminal revision would lie against the interim and final orders passed under sections 125 to 128 CrPC,

By the order impugned, interim maintenance has been granted to the private respondent and therefore, being an interim order, in view of the judgment of the Division Bench referred to above, remedy of criminal revision under section 19(4) of the Family Court Act is available to the petitioner.

4.Hence, the petition is dismissed on the ground of availability of alternative remedy.

5.Office is directed to return the certified copies of the orders/annexures enclosed with the petition, to petitioner's counsel.

Order Date :- 14.7.2023

kkb/