IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 Mat.Appeal.No. 103 of 2004 ---------------------------- MC.273/2002 OF FAMILY COURT,KOZHIKODE APPELLANT/PETITIONER: RADHA 42 YEARS, W/O. A.K.BALAN, ANCHUTHUNDIYIL, KOROTH ROAD, AZHIYOOR AMSOM DESOM, VATAKARA TALUK. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT/ RESPONDENT A.K.BALAN, AGED 50 YEARS, S/O. KUNJAPPU, PURAKKATTU KUNNUMMEL, PERINGADIKARIYAD SOUTH, ROOM NO.D/45, RAMESWAR PARK, NEAR AKASHAGANGA, CHANDIJAKKATHNAKKA, BARODA-2. ADV. SRI.JACOB ABRAHAM THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: P.R. RAMAN & C.T.RAVI KUMAR, JJ. = = = = = = = = = = = = = MAT. APPEAL NO. 103 OF 2004 = = = = = = = = = = = = = = = = = = = DATED THIS, THE 14TH DAY OF JANUARY, 2009. J U D G M E N T Raman, J. This appeal is directed against the order passed by the Family Court, Kozhikode, dated 27.11.2003 in M.C. No. 273/2002, which is a petition filed under Section 125 of the Code of Criminal Procedure (under Chapter 9 of the Code of Criminal Procedure). As per Section 19 of the Family Court Act, no appeal will lie from a decree or order passed by the Family Court under Chapter 9 of the Code of Criminal Procedure, 1973. Though the proviso to sub-section (2) of Section 19 saves such appeal pending before this court before the commencement of the Family Court Amendment Act, 1991, that has no application since admittedly, the very order of the Family Court is only in 2003 and the appeal is preferred in 2004. Hence this appeal is not maintainable. Dismissed. P.R. RAMAN, (JUDGE) C.T.RAVIKUMAR, (JUDGE) knc/-