High CourtsSingle Bench(2009) 02 PAT CK 0026

Umesh Kumar @ Umesh Kumar Mehata vs State of Bihar and Another

Patna High Court · Decided on 16 February 2009 · Citation: (2009) 3 PLJR 581

HON’BLE JUDGES
Abhijit Sinha, J
CASE NUMBER
Criminal Miscellaneous No. 8903 of 2007

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Judgment

2 paragraphs · 183 words

Abhijit Sinha, J.—This application by the aggrieved husband for the quashing of the order dated 18.1.2007 passed by the learned Principal Judge, Family Court at Patna, in Misc. (Maintenance) Case No. 21 (M) of 2003 directing him to pay maintenance to his estranged spouse u/s 125 Cr.P.C. was heard earlier and the orders were reserved. However, in the meanwhile, during its pendency, a Division Bench of this Court on a reference being made by a learned Single Judge, in the case of Raj Kumar Sah vs. The State of Bihar reported in 2008(4) PLJR 817 held that orders passed by the Family Court under Chapter-IX of the Code of Criminal Procedure, 1973 was revisable u/s 19(4) of the Family Courts Act.

2.

In that view of the matter and the categoric decision of the Division Bench, which I am by law bound to follow, the application for quashing is not maintainable. The petitioner is accordingly at liberty to convert this u/s 19(4) of the Family Courts Act. Upon such conversion being made let this case be listed before an appropriate Bench for admission.