Suryakant Janardan Lohar v. Sangita Suryakant Lohar And ANR

19-revn-246-2023.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.246 OF 2023 Suryakant Janardan Lohar ... Applicant V/s.

Sangita Suryakant Lohar & Anr ... Respondents Digitally signed by SHABNOOR AYUB PATHAN Date:

2023.09.29 17:50:54 +0530 SHABNOOR AYUB PATHAN Mr. Heenesh Rathod, for applicant.

Mrs. Sangita S. Lohar, respondent-in-person.

CORAM

: AMIT BORKAR, J.

DATED : SEPTEMBER 29, 2023 P.C.:

1.

The husband has challenged the order passed by the Family Court, thereby rejecting application raising issue of tenability of application under Section 127 of the Code of Criminal Procedure, 1973 filed by the wife.

2.

Under Order 14, Rule 1, of the Code of Civil Procedure, 1908, the Civil Court does not enable the parties to frame preliminary issues and maintainability of application, it needs to be decided along with application under Section 127 of the Code of Civil Procedure, 1908. Therefore, no case for interference under revisional jurisdiction is made out.

3.

The criminal revision application is, therefore, dismissed. (AMIT BORKAR, J.)