Udar 02 December 2017

Interlocutory order of family court in crpc 125

Husband is trying to set aside an interlocutory order in a maintenance case u/s 125 of CRPC. There is no appeal against interlocutory order of Family Court. I assume it is the case? Then how can the husband try to get the interlocutory order set aside from High Court?

Thanks,

Udar

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15 Replies

(Guest)

Apppeals are permissable.

Udar 02 December 2017

19. Appeal.—(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law.

Family Court Act says no appeal of an interlocutory order. Can you please clarify?

N.K.Assumi (Advocate) 03 December 2017

That section 19 is very clear and appeal is barred in interlocutory order.File supervisory jurisdiction of the High Court under 227 of the consitution not as writ petition but as Miscellaneous civil petition, if grave injustice has been done to you..

Udar 03 December 2017

Thanks. Is there any time limitation of filing Misc Civil Petiton u/a 227 of the Constitution from the date of interlocutory order?

Udar 03 December 2017

Also, One more query - Will it be Criminal Misc Petition under article 227 of the Consitution since the case under trial is u/s 125 Crpc at a Family Court? Or will be Civil Misc Petition?

Vijay Raj Mahajan (Advocate) 03 December 2017

It's commonsense and general knowledge matter arising under the Criminal Procedure Code shall be filed as Criminal Misc Petition in the High Court not Civil Misc Petition under Article 227 of the Constitution of India.

N.K.Assumi (Advocate) 03 December 2017

Whenever there is injustice on records with manifest error of law, the arms of law extend as far as possible to the fullest to remove and undo that injustice on records lest it attain the status of precedents.to perpetuity. Power under 227 is is a twin superintendence; administrative and judicial or say Correctional not on the original side. It is Govern by High Court Rules and it's nomenclature goes by M.C.A. and even nomenclature can be change by the High Cout in the interest of Justice, and not being creature of CrPc or C.P.C. it is not govern by their procedures.

N.K.Assumi (Advocate) 03 December 2017

The query by the querist is under section 125 CrPc, but proceedings under 125 though under Criminal Procedure is a Civil Proceedings, and Revision under Family Courts is Revisional simpliciter and it is neither criminal revision nor Civil revision. It is like Dr.Jejyll and Mr.Hyde.That Article 227 is also not control by any statue and it is basic stracture of the Constitution.It is characteristic of Chameleon.

Udar 03 December 2017

Many Thanks again. The query which is still unsolved in is that is there any time limitation in filing app under Crl M u/a 227 of the constitution since the date of the interlocutory order?

(Guest)

Originally posted by : Udar
	19. Appeal.—(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law. Family Court Act says no appeal of an interlocutory order. Can you please clarify?