Dharmendra Kumar Tripathi Vs. Jeevan Lata and anr.

Dharmendra Kumar Tripathi vs Jeevan Lata and anr.

Disposition Revision dismissed Court Chhattisgarh Decided Feb 20, 2009

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Citation: sooperkanoon.com/496050
Court: Chhattisgarh High Court
Judge: Sunil Kumar Sinha, J.
Decided On: Feb 20, 2009
Subject: Criminal
Disposition: Revision dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Criminal
Outcome / disposition: Revision dismissed

Parties & Advocates

Appellant / Petitioner

Dharmendra Kumar Tripathi

Respondent

Jeevan Lata and anr.

Legal References

Cases Referred: Goverdhan v. Smt. Panchkunwar
Reported In: 2009(2)MPHT62(CG)

Excerpt

- .....filed under section 125, cr.pc by the concerned court.4. chapter iv of the family courts act, 1984 deals with procedure. section 10 deals with procedure generally. sub-section (1) of section 10 provides that subject to the other provisions of this act and the rules, the provisions of the code of civil procedure, 1908 (5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings [other than the proceedings under chapter ix of the code of criminal procedure, 1973 (2 of 1974)] before a family court and for the purposes of the said provisions of the code, a family court shall be deemed to be a civil court and shall have all the powers of such court. sub-section (2) provides that subject to the other provisions of this act and the rules, the provisions of the code of criminal procedure, 1973 (2 of 1974) or the rules made thereunder, shall apply to the proceedings under chapter ix of that code before a family court.5. there are many decisions to support the contention that the proceedings under section 125, cr.pc are of quasi civil nature. in the matter of goverdhan v. smt. panchkunwar 1964 mplj 68, the madhya pradesh high court held that the proceedings under chapter xxxvi of the code of criminal procedure (as it then was) were of civil nature. in the said case, an ex parte order of maintenance was passed against the husband and the husband became insane during the pendency of the proceedings. the court held that the next friend of the husband could file an application on behalf of the insane husband to set aside the ex parte order. this was held in the logic that since the proceedings under the said chapter of the code of criminal procedure are of civil nature, such application can be entertained.6. therefore, there would hardly be any jurisdictional error committed by the presiding judge of the family court while restoring a petition on sufficient grounds, which was dismissed for want of prosecution when on a particular day,.....

Full Judgment

ORDER

Sunil Kumar Sinha, J.

1. Heard on admission.

2. The applicant has filed this revision under Section 19(4) of the Family Courts Act, 1984 against the order dated 31-10-2008 passed by the First Additional Principal Judge, Family Court, Raipur in Misc. Criminal Case No. 27/2008, whereby, the said Court has restored the application filed under Section 125, Cr.PC, which was dismissed for want of prosecution on 29-8-2008.

3. Shri Jha submits that the Family Court ought not to have exercised such jurisdiction because the proceedings filed under Section 125, Cr.PC are governed by the Code of Criminal Procedure and there is no provision for restoration of case filed under Section 125, Cr.PC by the concerned Court.

4. Chapter IV of the Family Courts Act, 1984 deals with procedure. Section 10 deals with procedure generally. Sub-section (1) of Section 10 provides that subject to the other provisions of this Act and the Rules, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings [other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974)] before a Family Court and for the purposes of the said provisions of the Code, a Family Court shall be deemed to be a Civil Court and shall have all the powers of such Court. Sub-section (2) provides that subject to the other provisions of this Act and the Rules, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) or the Rules made thereunder, shall apply to the proceedings under Chapter IX of that Code before a Family Court.

5. There are many decisions to support the contention that the proceedings under Section 125, Cr.PC are of quasi civil nature. In the matter of Goverdhan v. Smt. Panchkunwar 1964 MPLJ 68, the Madhya Pradesh High Court held that the proceedings under Chapter XXXVI of the Code of Criminal Procedure (as it then was) were of civil nature. In the said case, an ex parte order of maintenance was passed against the husband and the husband became insane during the pendency of the proceedings. The Court held that the next friend of the husband could file an application on behalf of the insane husband to set aside the ex parte order. This was held in the logic that since the proceedings under the said Chapter of the Code of Criminal Procedure are of civil nature, such application can be entertained.

6. Therefore, there would hardly be any jurisdictional error committed by the Presiding Judge of the Family Court while restoring a petition on sufficient grounds, which was dismissed for want of prosecution when on a particular day, the petitioner did not appear in the matter.

7. In view of the above, I do not find any force in the arguments advanced by learned Counsel for the appellant.

8. This revision deserves to be and is accordingly dismissed at the motion stage itself.

Same Court & Year Chhattisgarh · 2009 Same Parties Dharmendra Kumar Tripathi vs Jeevan Lata and anr. Same Subject Criminal Same Judge Sunil Kumar Sinha, J.

Criminal