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Bombay High CourtFCA/290/2014disposed off

Mrs. Anita Ravi Papadkar v. Mr. Ravi Dattu Papadkar

2016-07-12Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice A.S. Oka1 pages

1/1 fca-290-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION FAMILY COURT APPEAL NO.290 OF 2014 ...

Anita Ravi Papadkar ...Applicant v/s.

Ravi Dattu Papadkar

...Respondent

...

Ms.Bhavana Yashwant Tandel for the Applicant-wife. Mr.A.N.Shaikh for the Respondent-husband.

...

CORAM : A.S.OKA & A.A. SAYED, JJ.

DATED : 12 JULY 2016 P.C.:

This Appeal is directed against that part of the impugned judgment by which the Petition No.E-24 of 2009 filed by the Appellant under section 125 of the Code of Criminal Procedure, 1973 has been rejected by the Family Court. In view of sub-section (2) of Section 19 of the Family Court Act, 1984 the Appeal is not maintainable. The remedy of the Appellant is to invoke sub-section (4) of Section 19 of the Act. 2.

Therefore, we dispose of the Appeal as not maintainable. However, it will be open for the Appellant to adopt appropriate remedy for challenging the order dismissing the said Petition for grant of maintenance under Section 125 of the Code of Criminal Procedure, 1973. (A.A. SAYED, J.) (A.S.OKA, J.) Uday.P.Kambli 1/1