Family Court - Maintainance order under Sec.125 Cr.P.C. - No appeal lies - As per sub-Section (2) of Section 19 of the Family Courts Act, 1984, no appeal shall lie from a decree or order passed by the Family Court against an order passed under Chapter IX of the Code of Criminal Procedure, 1973. Since the impugned order is an order passed under Section 125 of the Code of Criminal Procedure, the present appeal does not lie before this Court.
AP HIGH COURT
THE HON'BLE SRI JUSTICE A.V.SESHA SAI
&
THE HON'BLE SRI JUSTICE M.GANGA RAO
FAMILY COURT APPEAL No.153 of 2019
GADDAM SUDHIR
Versus
GADDAM HIMA BINDU
ORDER: ( per the Hon’ble Sri Justice A.V.Sesha Sai)
In the present appeal challenge is to the order, dated 28.08.2019, passed
by the learned Judge, Family Court-cum-VIII Additional District Judge, Ongole,
Prakasam District in F.C.O.P.No.111 of 2014.
Respondent herein filed the said F.C.O.P.No.111 of 2014, seeking
maintenance @ Rs.35,000/- per month and for costs. The learned Judge, by
way of the order impugned, granted maintenance of Rs.10,000/- per month in
favour of the respondent herein.
As per sub-Section (2) of Section 19 of the Family Courts Act, 1984, no
appeal shall lie from a decree or order passed by the Family Court against an
order passed under Chapter IX of the Code of Criminal Procedure, 1973. Since
the impugned order is an order passed under Section 125 of the Code of
Criminal Procedure, the present appeal does not lie before this Court.
In view of the above provision of law, the Family Court Appeal stands
dismissed, however, it is open for the appellant herein to avail the appropriate
remedy in accordance with law. There shall be no order as to costs.
Office to return the original copies of the orders, if any, filed by the
appellant herein, so as to enable him to avail the appropriate remedy.
As a sequel thereto, miscellaneous petitions, if any, shall stand closed.
__________________
A.V.SESHA SAI,J
___________________
M.GANGA RAO, J
21st November, 2019.
Tsy
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