Shabana Tabassum And ANR v. Ziaauddin Ahmad

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.590 of 2017 ====================================================== Shabana Tabassum & Anr ... ... Appellant/s

Versus

Ziaauddin Ahmad ... ... Respondent/s ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) 02-07-2018 No one appears on behalf of the appellants.

Perused the office notes.

It appears that the order impugned has been passed under Section 125 Cr.P.C by the Principal Judge, Family Court, Muzafffarpur in Maintenance Case No.258/2014. The Division Bench of this Court in 2008(4) PLJR 817 [Raj Kumar Sah Vs. The State of Bihar and another] has already decided the issue and held that in such case, in place of appeal, a Criminal Revision under Section 19(4) of the Family Courts Act, 1984 would be maintainable.

Accordingly, this appeal is held to be not maintainable.

However, the appellants, if so desire, would be at liberty to convert this appeal into Criminal Revision under

Patna High Court MA No.590 of 2017(3) dt.02-07-2018 2/2 Section 19(4) of the Family Court Act, 1984 within a period of four weeks.

(Dr. Ravi Ranjan, J) ( S. Kumar, J) Sanjay/- U