Himachal Pradesh High Court
Gian Chand vs . Kanto Devi on 8 December, 2023
Gian Chand Vs. Kanto Devi Cr. Revision No. 247 of 2020 .
On reserved on 21.11.2023.
08.12.2023 Present: Mr. Tek Chand, Advocate, for the petitioner.
Ms. Poonam Gehlot, Advocate, for the respondent.
of The present criminal revision has been filed under Section 397 of Cr.P.C. against the judgment rt dated 2.3.2020, passed by learned Principal Judge (Family Court), Chamba in Petition No. 12/2019, vide which the petitioner was directed to pay ₹2500/- per month as maintenance allowance.
2. It was held by the Kerala High Court in Sateppa Basappa v. Geetha, 1998 SCC OnLineKar 455that a revision against the order passed by the Family Court will lie under Section 19(4) of the Family Courts Act. Such a revision will not be a civil and criminal revision but a special revision under the provisions of the Family Courts Act. It was held:-
"13. From the above provision in Section 19(4), it is clear that an order passed under Chapter IX of the Code of Criminal Procedure, 1973 is a revisable order even suo moto by the High Court. Now to turn to the impugned order hereunder challenge in the instant Cr. R.P., it is clear that it is the order passed by the Family ::: Downloaded on - 08/12/2023 20:38:18 :::CIS Court under Section 7(2) of the Act. But the point is, whether the same is a revisable order .
to be styled as a Criminal Revision Petition under the Code of Criminal Procedure or to be styled as a Civil Revision Petition under the Code of Civil Procedure. In our considered view it is neither, for it is a Revision simpliciter squarely falling under Section 19(4) of the Act. No doubt the provision in Section 19(4) of the of Act, as we see, is an analogous provision as the one we find under Section 397 of Cr. P.C. However, the provision of law in Section 19(4) of the Act reads that an order is revisable by rt the High Court either suo moto or otherwise. That being so, it appears to us that it cannot be said that the revisable powers under Section 19(4) of the Act vested in the High Court are a revisional power either under the Code of Criminal Procedure or the Code of Civil Procedure. In our considered view, the revisional powers of the High Court under Section 19(4) of the Act is a revisional power simpliciter totally devoid of the revisional powers of the High Court either under the Cr.
P.C. or for that matter under the C.P.C. Therefore, in our further considered view, the question of giving a nomenclature to such a petition under Section 19(4) of the Act either as a Cr. R.P. or as a C.R.P. does not arise at all and as such, such a nomenclature is a misnomer.
3. Similar view was taken by Patna High Court in Raj Kumar Sah Vs. State of Bihar, 2009 (3) Crimes HC 42, wherein it was observed:-
"8. It is relevant here to state that Chapter V consists of only one section and the heading of the chapter is appeals and revisions but, the section per se does not use the expression 'revision', though Section 19 (5) provides that ::: Downloaded on - 08/12/2023 20:38:18 :::CIS no appeal or revision would lie, except as provided under the Act. From a plain reading .
of Section 19(2) of the Act, it is evident that no appeal shall lie from an order passed under Chapter IX of the Code of Criminal Procedure. Section 125, falls in Chapter IX of the Code of Criminal Procedure and in that view of the matter, no appeal shall lie from an order passed under Section 125 of the Code of of Criminal Procedure. However, Section 19(4) of the Act confers power on the High Court to call for and examine the record of any proceeding against an order passed by the Family Court rt under Chapter IX of the Code of Criminal Procedure for the purpose of satisfying itself as to the correctness, legality or propriety of the order. Section 19(4) of the Act does not use the expression 'revision', but in view of the language of Section 19 (4) of the Act and the heading of Chapter V in which Section 19 finds place, we are of the opinion that an application under Section 19(4) of the Act against an order passed by the Family Court under Chapter IX of the Code of Criminal Procedure has to be treated as revision. This revision application shall neither be a revision application under Section 397 of the Code of Criminal Procedure nor a revision under Section 115 of the Code of Civil Procedure, but a revision under Section 19 (4) of the Family Courts Act."
4. Therefore, the present revision under Section 397 of Cr.P.C. will not be maintainable and the same has to be filed under Section 19(4) of the Family Courts Act.
5. Let the necessary application for conversion, if desired, be filed within two weeks.
(Rakesh Kainthla) Judge 8th December, 2023 (Chander) ::: Downloaded on - 08/12/2023 20:38:18 :::CIS