Smt. Kanak Alias Smt. Kanak Raj and Another v. Kamal Kumar

Court No. - 21 Case :- FIRST APPEAL No. - 1127 of 2023 Appellant :- Smt. Kanak Alias Smt. Kanak Raj And Another Respondent :- Kamal Kumar Counsel for Appellant :- Jitendra Pal Singh Chauhan Hon'ble Manoj Kumar Gupta,J. Hon'ble Donadi Ramesh,J.

¶1The instant appeal is directed against the order dated 28.08.2023 passed by Additional Principal Judge, Family Court No. 2, Muzaffarnagar disposing of the application of the appellants under Section 125 Cr.P.C.

¶2Under Section 19(2) of the Family Court Act, 1984, it is specifically provided that no appeal shall lie from a decree or order passed by the Family Court or from an order passed under Chapter IX of the Code of Criminal Procedure. As Section 125 falls under Chapter IX of the Code of Criminal Procedure, therefore, the instant appeal under Section 19 of the Act would not be maintainable.

¶3The appeal is dismissed with liberty to the appellant to avail such other remedy as is available.

¶4Office shall return the certified copy of the judgment and order to the counsel for the appellants after retaining its photostat copy on record. The request for return of the original affidavit to the appellants is rejected. Order Date :- 18.10.2023 Mukesh Kr. (Donadi Ramesh,J.) (Manoj Kumar Gupta,J.) High Court of Judicature at Allahabad