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Bombay High CourtFCA/213/2015disposed off

Mrs. Jyoti Santosh Nair v. Mr. Santosh Kumar Nair

2016-03-16Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice A.S. Oka2 pages

pvr 1 41fca213-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Family Court Appeal NO. 213 OF 2015 MRS. JYOTI SANTOSH NAIR

...Petitioner

Versus

MR. SANTOSH KUMAR NAIR

...Respondent

None for the Appellant.

None for the Respondent.

­­­­­ CORAM : A.S.OKA & G.S.KULKARNI, JJ.

DATED : 16th MARCH,2016.

­­­­ P.C.:­ 1.

None appears for the Appellant. Perused the Memorandum of Appeal. The challenge in the appeal is to the order dated 29th November,2013 passed in Petition No.E­37 of 2008. The said petition is filed under Section 125 of the Code of Criminal Procedure,1973. A Family Court Appeal against the said order, is barred under Sub­section

(2) of Section 19 of the Family Courts Act,1984 (for short "the said Act"). The remedy of the Appellant is to take recourse to sub­section (4) of Section 19 of the said Act.

pvr 2 41fca213-15.doc 2.

Accordingly, we dispose of the Appeal as not maintainable. However, disposal of this appeal will not prevent the Appellant from challenging the impugned judgment and order by filing appropriate proceedings in accordance with law.

(G.S.KULKARNI, J.) (A.S.OKA, J.)