1 2025:CGHC:60909-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA(MAT) No. 98 of 2025 Mukesh Saxsena S/o Ashwani Saxsena Aged About 30 Years R/o Village Mohtarai, Thana Ratanpur, District Bilaspur, Chhattisgarh. ... Appellant versus Kiran Suryawanshi W/o Mukesh Saxsena Aged About 24 Years R/o Gram- Pandhi, Police Station, Tahsil- Sipat, District Bilaspur, Chhattisgarh. ... Respondent For Appellant : Mr. Diwesh Kumar, Advocate. For Respondent : Mr. Aman Tamboli, Advocate DB: Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (15.12.2025) Sanjay K. Agrawal, J. 1. This appeal under Section 19(1) of the Family Court has been preferred by the appellant-husband against the order dated 13.11.2024 passed by the learned Pricipal Judge, Family Court, SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.12.16 15:02:09 +0530 2 Bilaspur, (C.G.) in M.J.C. No.504/2021 whereby the Family Court allowed the maintenance application under Section 125 of Code of Criminal Procedure filed by the Respondent-wife. 2. Sub-Section 2 of Section 19 of the Family Court Act, 1984 reads as under:- “2. No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties [ or from an order passed under under chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974): Provided that nothing is hits sub-section shall apply to any appeal pending before a High Court or any order passed under Chapter IX of the Code of Criminal Procedure 1973 (2 of 1974) before the commencement of the Family Courts (Amendment) Act, 1991] 3. The impugned order was passed under Section 125 of the Code of Criminal Procedure, which falls under Chapter IX of the Code of Criminal Procedure. By virtue of Section 19(2) of the Family Courts Act, 1984, this appeal is not maintainable. 4. Accordingly, this appeal is dismissed as not maintainable. 5. However, the appellant is at liberty to avail other remedies in accordance with law. 6. Certified copies be returned to the Appellant after obtaining photocopies of the same. Sd/- Sd/- Sd/- Sd/- (Sanjay K. Agrawal) (Sanjay Kumar Jaiswal) Judge Judge -Shubham