Rojina Swain And Another vs Kanan Kumar Bhola
2023 Latest Caselaw 1861 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         MATA No. 290 of 2022
            Rojina Swain and Another         ....               Appellants
                                                  Mr. H.S. Deo, Advocate
                                  -versus-
            Kanan Kumar Bhola                ....              Respondent


                         CORAM:
                         JUSTICE S. TALAPATRA
                         JUSTICE SAVITRI RATHO
                                 ORDER

28.02.2023

I.A. No.62 of 2023 Order No.

03. 1. This matter is taken up through hybrid mode.

2. Heard Mr. H.S. Deo, learned counsel appearing for the applicant.

3. This is an application for conversion of this appeal under Section 19(1) of the Family Courts Act, 1984 to a revision petition under Section 19 (4) of the Family Courts Act with nomenclature RPFAM.

4. We find that in the above noted appeal, the judgment dated 09.05.2022 in Criminal Proceeding No.124 of 2021 passed by the Judge, Family Court, Kendrapara has been challenged. Such judgment cannot be challenged under Section 19(1) of the Family Courts Act, 1984. The same has to be challenged under Section 19(4) of the Family Courts Act. Accordingly, we allow the prayer for conversion. This appeal be converted to RPFAM.

5. In terms of the above, this application stands allowed and disposed of.

(S. Talapatra) Judge

(Savitri Ratho) Judge

MATA No.290 of 2022 Order No.

04. 1. In view of the order passed today in I.A. No.62 of 2023, Registry is directed to change the nomenclature of this case and list the matter before the appropriate Bench.

(S. Talapatra) Judge

(Savitri Ratho) Judge Murmu