Mat.App. 9/2011 BEFORE HON’BLE THE CHIEF JUSTICE MR.MADAN B. LOKUR THE HON’BLE MR. JUSTICE A.K. GOSWAMI (Madan B. Lokur, CJ) This matrimonial appeal has been filed against an order passed by the F amily Court under the Family Courts Act, 1984. The final order is in respect of a petition under Section 125 of the Code of Criminal Procedure. On the last date of hearing, that is, 16.3.2011, learned counsel for the respondent had brought to our notice that such an appeal is not maintainable in view of the provisions of Section 19(2) of the Family Courts Act, 1984. After having heard learned counsel for the parties today, we are of the opinion that the objection taken by learned counsel for the respondent is well f ounded and the present matrimonial appeal is not maintainable. However, a crimin al petition is maintainable and we, therefore, direct the Registry to convert th is matrimonial appeal into a criminal revision petition and renumber it accordin gly and place it before the learned Single Judge as per the roster. The appeal has been filed along with an application for condonation of d elay being Miscellaneous Case No.2192 of 2010. It is stated in the application t hat there is a delay of 26 days in filing the appeal. That delay has been calcul ated on the basis that an appeal is required to be filed within 30 days of the p assing of the impugned order. However, the limitation period for filing a crimin al revision petition is 90 days. If the limitation period of 90 days is taken i nto consideration, there is in fact no delay in filing the criminal revision pet ition. Under the circumstances, the miscellaneous application is disposed of an d since the criminal revision is filed well within time, it should be placed bef ore the learned Single Judge for consideration on merit. List the matter before the learned Single Judge on 7th April, 2011. In the meanwhile, learned counsel for the appellant will supply a copy o f the case papers to learned counsel for the respondent.