Case Note & Summary
The appellant, Mrs. Vira Chatur Kripalani, filed a Family Court Appeal against the judgment and order dated 22-4-2015 passed by the Family Court dismissing her Petition No. E-98/2013. The petition was filed under Section 125 of the Code of Criminal Procedure, 1973 (CrPC) and Sections 18, 20, and 22 of the Protection of Women from Domestic Violence Act, 2005 (Domestic Violence Act). The appellant sought maintenance of Rs.30,000 per month and residence in the matrimonial home. The respondent husband raised an objection to the maintainability of the appeal under Section 19 of the Family Courts Act, 1984, arguing that the order under Section 125 CrPC is not appealable as per Section 19(2) of the Family Courts Act, and the order under the Domestic Violence Act is not appealable as per Section 19(4) of the said Act. The Division Bench of the Bombay High Court, after hearing the appellant's counsel and considering the respondent's reply, found merit in the objection. The Court noted that Section 19(2) of the Family Courts Act expressly bars appeals from orders passed under Chapter IX of the CrPC, which includes Section 125. Additionally, Section 19(4) bars appeals from orders under the Domestic Violence Act. The Court held that the appeal is not maintainable and dismissed it. Consequently, the Civil Application for interim relief also became infructuous and was disposed of. The Court did not award costs.
Headnote
A) Family Law - Maintainability of Appeal - Section 19 Family Courts Act, 1984 - Bar under Section 19(2) and 19(4) - Appeal against order under Section 125 CrPC and Sections 18, 20, 22 of Domestic Violence Act, 2005 - The appellant wife filed a petition under Section 125 CrPC and the Domestic Violence Act, which was dismissed by the Family Court. The appeal against such dismissal is not maintainable as Section 19(2) of the Family Courts Act bars appeals from orders under Chapter IX of CrPC (which includes Section 125), and Section 19(4) bars appeals from orders under the Domestic Violence Act. Held that the appeal is not maintainable and is dismissed. (Paras 1-8)
B) Family Law - Interim Maintenance - Civil Application for interim relief pending appeal - When the main appeal is dismissed as not maintainable, the civil application for interim maintenance and residence also becomes infructuous. (Para 8)
Issue of Consideration
Whether the Family Court Appeal filed under Section 19 of the Family Courts Act, 1984 against the dismissal of a petition under Section 125 CrPC and Sections 18, 20, 22 of the Protection of Women from Domestic Violence Act, 2005 is maintainable.
Final Decision
The Family Court Appeal is dismissed as not maintainable. Civil Application No.258 of 2016 is disposed of as infructuous. No order as to costs.
Law Points
- Maintainability of appeal under Section 19 of Family Courts Act
- 1984
- Bar against appeal from orders under Chapter IX of CrPC
- Section 125 CrPC order not appealable under Family Courts Act
- Domestic Violence Act orders under Sections 18
- 20
- 22 not appealable under Section 19(2) and 19(4) of Family Courts Act
Case Details
2018 LawText (BOM) (01) 88
Family Court Appeal No.143 of 2015 with Civil Application No.258 of 2016
R. M. Savant, Sandeep K. Shinde
Mr. P. J. Thorat for the Appellant, None for the Respondent
Mrs. Vira Chatur Kripalani
Mr. Chatur Tahilram Kripalani
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Nature of Litigation
Family Court Appeal against dismissal of petition for maintenance and relief under Domestic Violence Act.
Remedy Sought
Appellant wife sought to set aside dismissal of her petition and obtain interim maintenance of Rs.30,000 per month and right to reside in matrimonial home.
Filing Reason
Appellant's petition under Section 125 CrPC and Sections 18, 20, 22 of Domestic Violence Act was dismissed by Family Court.
Previous Decisions
Family Court dismissed Petition No. E-98/2013 on 22-4-2015.
Issues
Whether the Family Court Appeal is maintainable under Section 19 of the Family Courts Act, 1984 against an order dismissing a petition under Section 125 CrPC and Sections 18, 20, 22 of the Domestic Violence Act, 2005.
Submissions/Arguments
Respondent argued that appeal is not maintainable as per Section 19(2) and 19(4) of Family Courts Act, 1984, since order under Section 125 CrPC falls under Chapter IX CrPC and order under Domestic Violence Act is not appealable under Section 19(4).
Appellant's counsel argued for maintainability but Court found force in respondent's objection.
Ratio Decidendi
An appeal under Section 19 of the Family Courts Act, 1984 is not maintainable against an order passed under Section 125 of the Code of Criminal Procedure, 1973 (which falls under Chapter IX of CrPC) as per Section 19(2) of the Family Courts Act, and also not maintainable against an order passed under Sections 18, 20, 22 of the Protection of Women from Domestic Violence Act, 2005 as per Section 19(4) of the Family Courts Act.
Judgment Excerpts
On a reading of the reply filed by the respondent, we find much force in the objection raised on behalf of the respondent that the appellant would not be entitled to file an appeal against the order passed under Chapter IX of the Code of Civil Procedure, 1908 in view of the provisions of Sections 19(2) and 19(4) of the Family Courts Act, 1984.
We, prima facie, find that the prayer made by the applicant before the Family Court for grant maintenance of Rs.30,000/- per month was made under the provisions of Section 125 of the Cr.P.C. Also, against a final order passed under the provisions of the Domestic Violence Act, 2005, an appeal is not maintainable in view of Section 19(4) of the Family Courts Act, 1984.
Procedural History
Appellant filed Petition No. E-98/2013 under Section 125 CrPC and Sections 18, 20, 22 of Domestic Violence Act before Family Court. Family Court dismissed petition on 22-4-2015. Appellant filed Family Court Appeal No.143 of 2015 on 16-9-2015. Respondent filed Civil Application No.258 of 2016 for interim relief. On 14-12-2017, Division Bench noted objection to maintainability. On 25-1-2018, Court dismissed appeal as not maintainable.
Acts & Sections
- Family Courts Act, 1984: 19, 19(2), 19(4)
- Code of Criminal Procedure, 1973: 125
- Protection of Women from Domestic Violence Act, 2005: 18, 20, 22
