Case Note & Summary
The revision petition was filed by the wife and minor child against an order dated 24.07.2020 passed by the IV Additional Principal Family Judge, Mysuru, in C.Misc.No.185/2020. The Family Court had allowed an application under Section 125(2) of Cr.P.C. granting interim maintenance of Rs.20,000/- per month only to the minor child (petitioner No.2) but did not grant any interim maintenance to the wife (petitioner No.1). Aggrieved by the denial of maintenance to the wife, the petitioners filed the present revision petition under Section 19(4) of the Family Court Act. The office raised an objection regarding maintainability, contending that a revision petition under Section 19(4) is not maintainable against an interim order. The court considered the objection and held that the order passed under Section 125(2) Cr.P.C. is an interim/interlocutory order. Relying on the provision of Section 19(4) of the Family Court Act, which bars revision against interlocutory orders, the court concluded that the revision petition is not maintainable. The court dismissed the revision petition as not maintainable, but granted liberty to the petitioners to challenge the impugned order by filing a writ petition under Article 227 of the Constitution of India.
Headnote
A) Family Law - Maintenance - Interim Maintenance - Section 125(2) Cr.P.C., Section 19(4) Family Court Act, 1984 - Maintainability of Revision - The revision petition was filed against an interim order granting maintenance only to the child and not to the wife. The court held that the order passed under Section 125(2) Cr.P.C. is an interim/interlocutory order and therefore, a revision petition under Section 19(4) of the Family Court Act is not maintainable. The court dismissed the revision petition as not maintainable, leaving it open to the petitioners to challenge the order by filing a writ petition under Article 227 of the Constitution of India. (Paras 2-5)
Issue of Consideration
Whether a revision petition under Section 19(4) of the Family Court Act is maintainable against an interim order granting maintenance under Section 125(2) of Cr.P.C.
Final Decision
The revision petition is dismissed as not maintainable. However, the petitioners are at liberty to challenge the impugned order by filing a writ petition under Article 227 of the Constitution of India.
Law Points
- Revision petition not maintainable against interim order
- Interim maintenance order under Section 125(2) Cr.P.C. is interlocutory
- Section 19(4) Family Court Act bars revision against interlocutory orders
Case Details
Sri V. Lakshminarayana, Senior Counsel for Smt. Anusha L, Advocate for M/s Balaji Associates
R. Smitha Subramanyachar and Sri. Adhvik Manjunath (minor represented by mother)
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Nature of Litigation
Revision petition against an interim maintenance order under Section 125(2) Cr.P.C.
Remedy Sought
Petitioners sought revision of the order dated 24.07.2020 passed by the Family Court, which granted interim maintenance only to the child and not to the wife.
Filing Reason
The wife was aggrieved by the denial of interim maintenance to her by the Family Court.
Previous Decisions
The Family Court vide order dated 24.07.2020 in C.Misc.No.185/2020 granted interim maintenance of Rs.20,000/- per month only to the minor child and not to the wife.
Issues
Whether a revision petition under Section 19(4) of the Family Court Act is maintainable against an interim order granting maintenance under Section 125(2) of Cr.P.C.
Submissions/Arguments
The office raised an objection that the revision petition is not maintainable against an interim order under Section 19(4) of the Family Court Act.
Ratio Decidendi
An order passed under Section 125(2) of Cr.P.C. is an interim/interlocutory order. Under Section 19(4) of the Family Court Act, a revision petition is not maintainable against an interlocutory order. Therefore, the revision petition is not maintainable.
Judgment Excerpts
The office has raised objection that in view of Section 19(4) of Family Court Act against the interim order, the revision petition is not maintainable.
The Family Court vide order dated 24.07.2020 has passed an order on I.A.No.II filed under Section 125(2) of Family Court Act granting only interim maintenance of Rs.20,000/- pm., to petitioner No.2-child, but has not considered and not granting interim maintenance to petitioner No.1-wife.
Therefore, the order passed under Section 125(2) of Cr.P.C. is an interim/interlocutory order. Therefore, in view of Section 19(4) of the Family Court Act, the revision petition is not maintainable.
Procedural History
The Family Court passed an order on 24.07.2020 in C.Misc.No.185/2020 granting interim maintenance only to the child. Aggrieved, the petitioners filed RPFC No.81 of 2023 under Section 19(4) of the Family Court Act. The office raised an objection regarding maintainability. The High Court heard the matter on 12.01.2024 and dismissed the revision petition as not maintainable.
Acts & Sections
- Family Courts Act, 1984: 19(4)
- Code of Criminal Procedure, 1973 (Cr.P.C.): 125(2)
