How to challenge Family Court Order in High Court?

[Udar Ojha]

A case under section 125 CrPC is registered against my friend in a Family Court. He filed an application challenging the maintainability of the case stating that the Trial Court lacks jurisdiction and the case must be dismissed as per section 126(1)(b) CrPC. The Trial Court dismissed the said application of my friend.

Query: How can he challenge the impugned order of the Trial Court at the High Court? He doesn’t want to invoke jurisdiction of High Court under section 482 CrPC for quashing of the entire proceedings of the maintenance case at this stage. But he wants to try the fate of his application in the appellate court. Under what law/provision he can approach High Court? Please let me know.

[Udar Ojha]

Also, what will be the prayer? Will it be a Writ Petition or Criminal Misc?

[Udar Ojha]

Will it be Revision under section 19(4) of the Family Act? Or Crim Misc under section 482 Crpc to set aside the impugned order? Or a petition under article 227 of the constitution?

[Dr. Ashok Dhamija]

Without going into the merits of facts of your case, since the order has been passed by the Family Court, which is constituted under the provisions of the Family Courts Act, 1984, a revision application against such order can be filed before the High Court under the provisions of Section 19(4) of the Family Courts Act. This is presuming that the order relating to jurisdiction of the court is not considered as an interlocutory order. And, in my opinion, it should not be considered as an interlocutory order as it finally settles the question of jurisdiction.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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