Shri. Nirangkush Upendra Das Son Of Shri. Upendra Nath Das v. Smt. Bishmita Dutta Baruah Wife Of Shri. Nirangkush Das

rsk 1 22-123-2-FCA-210-16.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION FAMILY COURT APPEAL NO.210 OF 2016 WITH CIVIL APPLICATION NO.323 OF 2016 IN FAMILY COURT APPEAL NO.210 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Sandeep Phatak a/w Debajyoti Talukadar for the Appellants. CORAM : A.S.OKA AND ANUJA PRABHUDESSAI,JJ.

DATE : DECEMBER 19, 2016.

P.C.:

.

A Family Court Appeal against the order passed on Petition under section 125 of the Code of Criminal Procedure Code,1973 is not maintainable. Remedy of the Appellant is under sub-section (4) of section 19 of the Family Court Act, 1984. 2.

We, therefore, permit the Appellant to convert this Appeal into a Revision under sub-section (4) of Section 19 of the Family Court Act, 1984. Amendment to be carried out within a period of two weeks from the date of uploading of this order.

rsk 2 22-123-2-FCA-210-16.doc 3.

If the amendment is carried out, Revision shall be placed before the Hon'ble Chief Justice for passing an order for assigning the same to the Division Bench taking up the FCA Nos.208/2016 and 209 /2016.

(ANUJA PRABHUDESSAI,J) (A.S.OKA,J.)