Barun Kumar Bachchan @ Barun Kr. Kushwaha v. Nilu Kumari
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1804 of 2017 ====================================================== Barun Kumar Bachchan @ Barun Kr. Kushwaha, son of late Kamladeo Prasad Kushwaha, resident of village-Tilaura, P.S. - Wazirganj, District - Gaya.
... ... Petitioner/s
Versus
Nilu Kumari, wife of Barun Kumar Bachchan @ Barun Kr. Kushwaha, resident of village -Tilaura, P.S. - Wazirganj, District - Gaya. At present daughter of Laxmichand Prasad resident of Mohalla - Sohdih, P.S. - Sohsarai, District - Nalanda.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kr. Sinha, Advocate For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-01-2025 The instant petition has been filed against the order dated 17.07.2017 passed by learned Principal Judge, Family Court, Nalanda at Biharsharif in Matrimonial Case No. 103 (M)/2012 whereby and whereunder the petition of the respondent filed under Section 125 of the Criminal Procedure Code has been allowed directing the petitioner to make payment of Rs. 4,000/- per month to the respondent.
2. Apparently, the present civil miscellaneous petition under Article 227 of the Constitution of India is not maintainable as the same has been filed against an order passed by the learned Family Court under Section 125 of the Code of Criminal Procedure. Even the learned Division Bench of this Court in the case of Raj Kumar Sah vs. the State of Bihar and
Patna High Court C.Misc. No.1804 of 2017(2) dt.28-01-2025 2/2 Anr. (Criminal Revision No. 321 of 2008 decided on 24.10.2008) has held that the order passed by the Family Court in an application under Section 125 of the Code of Criminal Procedure, revision under Section 19 (4) of the Act is fit to be registered as Criminal Revision. Hence, the same is dismissed. (Arun Kumar Jha, J) V.K.Pandey/- U