JUDGMENT : M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned order passed by the learned Family Court No.2, Ahmedabad passed in Criminal Miscellaneous Application No.710/15 so far as awarding the maintenance u/s.125 of the Criminal Procedure Code @ Rs.18,000/- per month with effect from 23.03.2015, the original opponent husband has preferred the present first appeal purported to be u/s.19 (1) of the Family Courts Act. 2. A preliminary objection is raised by Shri F.B. Brahmbhatt, learned Advocate appearing on behalf of the respondent with respect to the maintainability of the present first appeal before this Court, u/s. 19 of the Family Courts Act. 3. Shri Bhrahmbhaat learned Advocate appearing on behalf of the respondent has vehemently submitted that, as per sub-section (2) of Section 19 of the Family Courts Act, no appeal shall lie against an order passed under Chapter IX of the Criminal Procedure Code, 1973. He has submitted that, the order u/s.125 of the Criminal Procedure Code, would be order Chapter IX of the Cr.P.C. and therefore, considering the bar under sub-section (2) of the Section 19, the First Appeal u/s.19 of the Family Courts Act before this Court shall not be maintainable. He has submitted that therefore, the remedy available to the appellant would be to prefer Revision Application as provided under sub section (4) of Section 19 of the Family Courts Act. 4. Per contra, Shri Bukhari, learned Advocate appearing on behalf of the appellant has submitted that, the impugned order is passed by the learned Family Court and therefore, considering the sub-section (1) of Section 19 of the Family Courts Act, against any order passed by the learned Family Court, appeal u/s.19 of the Family Courts Act would be maintainable before this Court. 5. To the aforesaid, Shri Brahmbhatt learned Advocate appearing on behalf of the respondent has submitted that, while passing the order u/s.125 of the Cr.P.C. and awarding the maintenance u/s.125 of the Cr.P.C., as per sub-section (2) of Section 7 of the Family Courts Act, the Family Court would be exercising the jurisdiction exercisable by the Magistrate of the Fist Class under Chapter IX of the Code of Criminal Procedure. It is submitted that, therefore, wherever the learned Family Court is awarding the maintenance u/s.125 of the Cr.P.C. which would be under Chapter IX of the Code of Criminal Procedure, it can be said that, the learned Family Court exercised the power of the Magistrate of the First Class. It is submitted that, therefore, the order passed by the learned Family Court awarding the maintenance u/s.125 of the Cr.P.C. can be said to be an order under Chapter IX of the Cr.P.C. and therefore, considering the bar of sub-section (2), the present appeal would not be maintainable. 6. Heard the learned Advocates appearing for the respective parties. As observed above, a preliminary objection is raised with respect to the maintainability of the present First Appeal under section 19 of The Family Courts Act, against the impugned order passed by the learned Family Court awarding the maintenance u/s.125 of the Cr.P.C. 7. At the outset, it is required to be noted that, any order awarding the maintenance u/s.125 of the Cr.P.C., can be said to be an order under Chapter IX of the Cr.P.C. Considering sub-section (2) of section 7 of the Family Courts Act, whenever the Family Court is having jurisdiction, the Family Court shall also have jurisdiction exercisable by the Magistrate of First Class Chapter IX of the Code of Civil Procedure. Under the circumstances, whenever the learned Family Court passes order awarding maintenance u/s.125 of the Cr.P.C. which would be under Chapter IX of the Cr.P.C., the said order can be said to be an order under Chapter IX of the Cr.P.C. and therefore, considering the bar under sub-section (2) of Section 19 of Family Courts Act, no appeal shall lie against the order passed by the learned Family Court awarding the maintenance u/s.125 of the Cr.P.C. The only remedy available to the aggrieved party against the order passed by the learned Family Court with respect to the order passed u/s.125 of the Criminal Procedure would be the revision application. 8. 8. In view of the above and for the reasons stated above, it is held that the present appeal under section 19 of the Family Courts Act against the impugned order passed by the learned Family Court awarding the maintenance u/s.125 of the Criminal Procedure Code which can be said to be under Chapter IX of the Criminal Procedure Code would not be maintainable before this Court u/s. 19 of the Family Courts Act. Under the circumstances, on the aforesaid ground alone the present appeal is not entertained, it will be open for the appellant to file Revision Application against the impugned order passed by the learned family Court and as and when such Revision Application is preferred, the same may be considered in accordance with law and on merits. 9. In view of the above and for the reasons stated above, present First Appeal is dismissed as not maintainable, with above observations and liberty. This Court has not gone into merits of the matter and in case of filing appropriate proceedings, the same be considered in accordance with law and on merits. In view of dismissal of the First Appeal, Civil Application is also dismissed accordingly. No costs. Appeal dismissed.