MOHAMMAD NADEEM AND ORS. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2015-3-149
HIGH COURT OF ALLAHABAD
Decided on March 31,2015

Mohammad Nadeem And Ors. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

Vishnu Chandra Gupta, J. - (1.) THE moot preliminary legal question for determination before this Court is: Whether the judgements and orders passed by Family Court are subject to remedy provided under Section 19 of Family Courts Act, 1984 or under the provisions of any other law for the time being enforce like; Criminal Procedure Code, 1973, Code of Civil Procedure 908 and Hindu Marriage Act etc.?
(2.) THE short reference of the Judgment and orders under challenge would be necessary to determine the aforesaid question. By means of Criminal Revision No. 98 of 2015 under Section 397/401 Criminal Procedure Code, 1973 (For short 'Cr.P.C.'), the revisionist has prayed for quashing of the impugned judgment and order dated 20.1.2015 passed by the learned Principal Judge, Family Court, Barabanki in Case No. 438 of 209, Aasiya Khatoon Vs. Mohammad Nadeem under Section 3, Muslim Woman (Protection of Rights on Divorce)) Act, 1986 (for short 'Act 1986'), whereby the application moved by opposite party No. 2 Smt. Aasiya Khatoon under section of 3 of Act, 1986 has been allowed for payment of Mehar (dower) of Rs. 21,000/ - and towards expenses during iddat period Rs. 17,500/ - to the opposite party No. 2 within one month from the date of order.
(3.) IN Criminal Misc. Case No. 490 of 2015 (U/s. section 482 Cr.P.C), the petitioner has prayed for quashing of the order dated 21.10.2014 passed by the Principal Judge, Family Court, Barabanki in Criminal Misc. Case No. 1225 of 2013, Ram Lal and another Vs. Vechu, whereby the application of opposite party No. 2 and 3 under section 125 Cr.P.C. has been partly allowed for payment of maintenance of Rs. 3000/ - per month to the opposite party No. 2 and Rs. 3000/ - per month to opposite party No. 3 till her marriage takes place.;


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