Deepali Nayal vs Bhanu Singh Nayal

R. C. Khulbe, J

This application has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C') by Smt. Deepali Nayal for quashing the order dated 20.01.2011 as well as order dated 19.07.2011, passed by the learned Judge Family Court, Udham Singh Nagar in Misc. Criminal Case No. 60 of 2006, Smt. Deepali Nayal vs. Bhanu Singh Nayal filed under Section 125 of Cr.P.C.

Heard Mr. Lalit Sharma, Advocate for the applicant and Mr. Lokendra Dobhal, Advocate for the respondent.

The applicant-Deepali Nayal filed an application under Section 125 of Cr.P.C. before the Family Court Rudrapur, District Udham Singh Nagar, which was registered as Misc. Criminal Case No. 60 of 2006 under Section 125 of Cr.P.C. against her husband-Bhanu Singh Nayal for getting maintenance. When the matter was fixed for hearing on 20.01.2011, the applicant was not present before the Court on that day. The learned Family Court dismissed the application filed under Section 125 of Cr.P.C. for want of prosecution.

Feeling aggrieved, the present applicant filed a restoration application for setting aside the dismissal order dated 20.01.2011. After hearing both the parties, the learned Family Court dismissed the restoration application also on 19.07.2011. Against the said orders dated 20.01.2011 and 19.07.2011, the present petition has been filed under Section 482 Cr.P.C.

Section 482 of Cr.P.C. reads as under:-

"482- Saving of inherent powers of High Court.- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice."

As per Sub-Section 4 of Section 19 of Family Courts Act, 1984, it says that the High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter-IX of Code of Criminal Procedure, 1973 for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding.

From the perusal of Sub-Section 4 of Section 19 of Family Court Act, it is clear that the High Court can call for and examine the record of any proceeding in which the Family Court is situate within its jurisdiction and pass an order under Chapter IX of the Code of Criminal Procedure. It means an aggrieved person has a power to file revision against the order passed by the Family Court in any proceeding falls under Chapter IX of the Code of Criminal Procedure.

From the perusal of the record it is clear that the learned Family Court has passed the order on 20.01.2011 whereby the application filed under Section 125 of Cr.P.C. was dismissed. Against the said order dated 20.1.2011, a restoration application was filed and after hearing both the parties, the restoration application was also dismissed by the Court below on 19.07.2011.

As against the final order, the applicant has a right to file a revision, but instead of availing the remedy of revision, the present application has been filed u/s 482 Cr.P.C. which is not maintainable as per the Sub-Section 4 of Section 19 of Family Courts Act 1984.

In view of the above observations, the Criminal Misc. Application filed under Section 482 Cr.P.C. is liable to be dismissed. Accordingly, the same is dismissed.