Ranjan Kumar @ Ranjan Kumar Ram v. Sharmila Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.817 of 2016 ====================================================== Ranjan Kumar @ Ranjan Kumar Ram .... .... Appellant/s

Versus

Sharmila Kumari .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajkumar Rajesh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) 04-12-2017 None appears for the appellant.

Perused the office notes. Office has raised issue of maintainability of this appeal on the ground that the impugned judgment has been passed under Section 125 of Cr.P.C. Thus in view of Section 19(2) of the Family Courts Act, an appeal under Section 19(1) would not be maintainable.

This issue is no longer res integra having been set at rest by Division Bench of this Court in Raj Kumar Sah & Anr vs The State Of Bihar & Ors [2008(4) PLJR 817] holding that in such situation a Criminal Revision would be maintainable.

Accordingly two weeks time is granted to the

Patna High Court MA No.817 of 2016 (3) dt.04-12-2017 2/2 appellant to convert this appeal, if he so advised, into criminal revision under Section 19(4) of the Family Courts Act, 1984. (Dr. Ravi Ranjan, J) (S. Kumar, J) U veena/-