Conred Jaoquim D'Souza v. Teresa Joaquim D'Souza

vikrant 1/1 18-FAC-55-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 55 OF 2016 Mr. Conred Joaquim d'souza ... Appellant Vs.

Mrs. Teresa Joaquim D'souza ... Respondent ......

None present for the Parties.

......

CORAM : A. S. OKA & SMT. ANUJA PRABHUDESSAI, JJ.

DATE : 06th December, 2016 P.C. :

1.

None appears for the appellant. By this Family Court Appeal, the challenge is to the order dated 4th June 2009 passed by learned Judge of the 7th Family Court, Mumbai on a petition filed under Section 125 of the Code of Criminal Procedure by respondent mother.

2.

In view of Sub-section (2) of Section 19 of the Family Court Act, 1984, the present Family Court Appeal is not maintainable. Remedy of the appellant is under Sub-section (4) of Section 19 of the said Act.

3.

Accordingly, we dismiss the Family Court Appeal as not maintainable. However, the remedy of the appellant is kept open. (ANUJA PRABHUDESSAI, J.) (A. S. OKA, J.)