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Patna High Court

Amit KumarversusTanu Joshi

Decided
Disposal
WITHDRAWN

Holding

The Miscellaneous Appeal is dismissed as withdrawn, with liberty granted to the appellant to file a civil miscellaneous application under Article 227.

Summary

The husband (appellant) filed a Miscellaneous Application under Section 19(1) of the Family Courts Act, 1984 challenging an order dated 19 January 2026 that had partly allowed his wife's application under Section 24 of the Hindu Marriage Act. The appellant later contended that the correct remedy was a civil miscellaneous application under Article 227 of the Constitution, and he sought to withdraw the appeal. The Court examined whether the appeal was maintainable and considered the appellant's request to withdraw. It held that the appeal could be dismissed as withdrawn, granting the appellant liberty to pursue the appropriate civil remedy under Article 227. Consequently, the Court ordered the return of the vakalatnama and a certified copy of the impugned order to the appellant's counsel.

Issues considered

  • Whether a Miscellaneous Appeal under Section 19(1) of the Family Courts Act, 1984 is maintainable against the order dated 19.01.2026.
  • Whether the appellant may withdraw the Miscellaneous Appeal and instead file a civil miscellaneous application under Article 227 of the Constitution of India.

Legislation cited

Subjects

  • Family Courts Act
  • Hindu Marriage Act
  • Article 227
  • Miscellaneous Appeal
  • withdrawal
  • civil miscellaneous application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Miscellaneous Appeal No.213 of 2026
                 ======================================================
                 Amit Kumar Son of Ram Sagar Ram, Resident of Mohalla Lohia Nagar, P.S.
                 Lohia Nagar, District Begusarai.
                                                                              ... ... Appellant/s
                                                    Versus
                 Tanu Joshi Wife of Amit Kumar, daughter of Rajendra Ram, Resident of
                 Village Koriya Tola, P.S. Raxaul Sadar, District East Champaran, Motihari.
                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mrs. Mahasweta Chatterjee
                                                Mr. Samir Kumar Sinha
                 For the Respondent/s   :       Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
                         and
                         HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH )

2   18-03-2026             1. The instant Miscellaneous Application under Section

                   19(1) of the Family Court’s Act 1984 has been preferred by the

                   appellant (husband) against the order dated 19.01.2026,

                   whereby application under Section 24 of the Hindu Marriage

                   Act of respondent (wife) has been partly allowed.

                           2. On the matter being taken up, learned counsel for the

                   appellant submits that against the aforesaid order dated

                   19.01.2026, appellant has wrongly preferred this Miscellaneous

                   Appeal whereas proper remedy available to him is to file civil

                   miscellaneous application under Article 227 of the Constitution

                   of India, hence, the appellant does not want to press this

                   Miscellaneous Appeal and he may be allowed to withdraw this

                   Miscellaneous Appeal with liberty to file civil miscellaneous
         Patna High Court MA No.213 of 2026(2) dt.18-03-2026
                                                     2/2




                   application under Article 227 of the Constitution of India.

                           3. In view of the above, the instant Miscellaneous Appeal

                   is dismissed as withdrawn with liberty as prayed for.

                           4. Office is directed to return the Vakalatnama and

                   certified copy of impugned order dated 19.01.2026 to the

                   learned counsel for the appellant within three days after

                   retaining the xerox copy of the same on record.


                                         (Sanjay Kumar Singh , J)


                                            ( Sourendra Pandey, J)

Saif/-
U


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