- (1.) This revision petition is directed against the order dated 3rd June, 2009 passed by Judge, Family Court, Jodhpur in Criminal Original Case No. 201/2003, whereby application under Section 125 Cr.P.C. filed by present petitioners was partly allowed. The application of petitioner no.1 Smt. Champa wife of Rooplal was dismissed. Application filed by petitioners no. 1 and 2 namely Kumari Minal and Master Jatin was allowed and respondent Rooplal was directed to pay a sum of Rs.750/- per month to Kumari Minal and Rs. 750/- per month to Master Jatin, towards maintenance, from the date of interim application i.e. 14th January, 2005.
(2.) Being aggrieved with the aforesaid order of Family Court, the petitioners had preferred this revision petition before this Court as D.B. Criminal Appeal under Section 19(6) of the Family Court Act, 1984 (hereinafter to be referred as 'the Act of 1984'), but it appears that a correction was made and it was subsequently described as S.B. Criminal Revision under Section 19(6) of the Family Court Act, 1984.
(3.) The matter was listed before the learned Single Judge on 15th July, 2013, arguments were heard finally and order was reserved. Learned Single Judge vide its order dated 17th July, 2013, directed that this S.B. Criminal Revision Petition be treated as D.B. Petition for Family Courts and Matrimonial matters and be listed before Division Bench. The order passed by the learned Single Judge dated 17th July, 2013 is reproduced as under:- "In this matter, all the three petitioners are being represented by their Advocate Mr. Sajjan Singh and nonpetitioner Rooplal is being represented by his Advocate Dr. Javed Moyal. Both the parties have submitted their documents and by perusal of those documents, it appears that Family Court, Jodhpur on 3.6.2009 had passed two orders, one in Civil Original Case No.58/1999-Smt. Champa Devi v. Roop Lal under Section 18 and 20 Hindu Adoption and Maintenance Act, 1956 and one under Section 125, Cr.P.C. in Criminal Original Case No.201/2003-Smt. Champa Devi v. Roop Lal. Against the order passed in the Civil Original Case No.58/1999, D.B. Civil Misc. Appeal No. 926/2009 was filed by Smt. Champa Devi etc. and that appeal was decided on 1.9.2011 by Hon'ble the Division Bench of the Rajasthan High Court. Copy of this order has been submitted by the parties before me which is kept on record. Present S.B. Criminal Revision Petition No.177/2010 has been filed by Smt. Champa Devi against the order dated 3.6.2009 in Criminal Original Case No. 201/2003. Both the parties agree with my view that because of Section 19(6) of the Family Courts Act, 1984, orders passed by the Family Court can be challenged only by way of an appeal under Section 19(6) of the Family Courts Act, 1984 and such appeal has to be heard by a Bench consisting of two or more Judges. Looking to the provisions of Section 19(6) of the Family Courts Act, 1984, the petitioners have prayed that their S.B. Criminal Revision Petition No. 177/2010 be treated as D.B. Petition for Family Courts and Matrimonial Matters. The prayer is allowed and accordingly, the Registry is directed to remove this file from the Register of S.B. Criminal Revision Petitions and to register it as a fresh D.B. Petition for Family Courts and Matrimonial Matters and this file be put up after one week before the concerned Division Bench.";