IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1061 of 2009 ANIL KUMAR @ ANJANI KUMAR, S/o Rajendra Prasad, R/o Kalyanpur, P.S. Fatuah, District Patna ….. Petitioner Versus RADHA DEVI, W/o Anil Kumar @ Anjani Kumar, daughter of Nageshwar Sharma, R/o Mohalla Maulana Budhu Chak, P.S. Parsa Bazar, District Patna …… Opposite Party ---- 2 21.01.2010 Heard Mr. Parasuram Singh, learned counsel for the petitioner. This civil revision is directed against the order dated 24.4.2009 passed by the Principal Judge, Family Court, Patna in Matrimonial (Divorce) Case No. 499 of 2006, whereby interim maintenance of Rs. 2,000/-(rupees two thousand) per month and in addition Rs. 3,000/-(rupees three thousand) by way of lump sum towards the expenses of the proceedings have been awarded in the aforesaid matrimonial case to the opposite party. The question arises in this case is as to whether the forum of civil revisional jurisdiction of this Court would be available for challenging the impugned order. Learned counsel for the petitioner fairly submits that in view of the law laid down by this Court in Jagdish Pd. Chouhan v. Bhuneshwar Chouhan and anr., reported in 2009(4) BBCJ, 442 the civil revision may not be maintainable, - 2 - however, it is further submitted that even if there is bar under section 19(5) of the Family Courts Act, 1984 (hereinafter to be referred to as “the Act”) for filing any revision against any judgment, order or decree other than which has been described in section 19 of the Act itself, there should not be a bar on challenge being made under Article 227 of the Constitution of India or any other remedy available under law. The Apex Court in Shiv Shakti Coop. Housing Society, Nagpur v. Swaraj Developers and others reported in (2003)6 SCC 659 has observed that if any remedy is available to a party under any statute no liberty is necessary to be granted for availing the same. In the above view of the matter, respectfully relying upon the decision rendered in the case of Jagdish Pd. Chouhan (supra), I hold that this civil revision is not maintainable. Accordingly, the same is dismissed. However, it is made clear that this Court has not expressed any opinion with regard to the merit of the cases of the parties. Spd/- (Dr. Ravi Ranjan, J.)