xxmxxxnkx V m W x k ~ f/lxffvwAr/A M wuUH, IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH i WRIT PETITION U/A 227 No. -’ L01? 2010 l Shankar La‘l Verma, S/o- Late Ram Bharosa, aged about 35 years, R/o—Village- Teela, Police Station & Tahsil — Nawapara, Rajim, Districti —— Raipur. I VERSUS PETITIONER i RESPONDENTS 1_ Smt. Jaishreb Verma W/o Shankar Lal Verma, Aged abourt 30 years, 2. Ku. Durga Ve‘rma, D/o Shankar Lal Verma, aged about 09 years, Ku. Chhoti Verma, D/o Shankar Lal Verma, aged about 07 years, 4. _ Ku. Monika Verma, D/o Shankar Lal Verma, aged about 05 years, [Respondent No. 2 to 4 being minor on behalf of through their legal guardian mother Respondent No. 1 Smt. Jaishree Verma.] All R/o — Village- Semari, Tahsil — Patan Police Station r Patan, District —Durg.( CG.) ’ ‘ I WRIT1 PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT, ORDER OR ' DIRECTIONS ~ ‘ / ‘ HIGH COUR OF CHHATTIA, ILSPUR 3mm; BENCH : Ho ’ SHRI RASH Ku R w P (227) N9 7332 ofzo1 #ETITIONER Shankar La! Verma. Versus RESPONDEMTS Smt Jaishree Verma and others ' WRIT WTITION UhmERARnCLE Z27 OF THE GQN$TITUTUON O IND Shri ShivenduPandya. counsel for the petitioner. ORAL ORDER (11I02I2011) Followmg oral order of the Court was passed by Prashant Kumar Mlshra. ,I Petltroner has chattenged the order passed by the Il Additionat L Princrpai Judge Famrly Court Durg m Miscellaneous Cnmlnal Case No. 256/2010 v‘vhlch was an applrcahon for settmg aside ex-parte order of maintenance passed by the sard Court under Section 125 of Cr P C (2) Section 19 (1) of the Famlly Courts Act. 1984 proVIdes that “Save ‘ as provided in sub-section (2) and notwithstanding anything contained in the Code off Civil Procedure. 1908 or in the Code of Criminal Procedure. 1973 or in ajny 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". Under sub section (6) of Section 19 such appeal is to be heard by a Bench consisting or two or more Judges. Sub section (2) provides that no appeal shall lie from a decree or order passed by the l .t ' Family Court with the consent of the parties or on an order passed under ’7: chapter IX‘of Cr.P.C. Order pass'éd under chapter lX of Cr.P.C. have "been dealt: with under sub Section (4igéonferring stipervisory jurisdiction " i1 A l \E i l ._ l i l i i .. T SGRH BA F ‘ ¢ ‘ x to the High Court With respect to the orders of Family Courts m exerc'se' of Junsdlctlon under chapter IX of Cr P C (3) In vrew of the above the petitioner is 'r quired to fie a revrsron under sub Sectron (4) of Sectron 19 of the Farrrly Courts Act 1984 and the Instant wnt petrtion rs not mamtarnable t (4) Wrrt petrtron is dlsmrssed as not marntarr'tabte however petmoner shalt be at Irberty to move a duly constituted revzsron under Section 19(4) of the Family Courts Act 1984 (5) The certlfed copy of the impugned order be returned to counsel for r the petrtroner on sulm Xerox co thereof U > C Sd/- l Pahnt mar Mrshra udg ppyg py ‘l rsa Ku Je