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2009 DIGILAW 267 (PAT)

Umesh Kumar @ Umesh Kumar Mehata v. State Of Bihar

2009-02-16

ABHIJIT SINHA

body2009
JUDGEMENT 1. This application by the aggrieved husband for the quashing of the order dated 18.1.2007 passed by the learned Principal Judge, Family Court at Patna, in Misc. (Maintenance) Case No. 21(M) of 2003 directing him to pay maintenance to his estranged spouse under Section 125 Cr.P.C. was heard earlier and the orders were reserved. 2. However, in the meanwhile, during its pendency, a Division Bench of this Court on a reference being made by a learned Single Judge, in the case of Raj Kumar Sah V/s. The State of Bihar reported in 2008(4) PLJR 817 held that orders passed by the Family Court under Chapter IX of the Code of Criminal Procedure, 1973 was revisable under Section 19(4) of the Family Courts Act. 3. In that view of the matter and the categoric decision of the Division Bench, which I am by law bound to follow, the application for quashing is not maintainable. The petitioner is accordingly at liberty to convert this under Section 19(4) of the Family Courts Act. 4. Upon such conversion being made let this case be listed before an appropriate bench for admission.