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- WITHDRAWN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The Miscellaneous Appeal is dismissed as withdrawn, with liberty granted to the appellant to file a civil miscellaneous application under Article 227.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 It held that the appeal could be dismissed as withdrawn, granting the appellant liberty to pursue the appropriate civil remedy under Article 227.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
- Constitution of India — s. Article 227
- Family Courts Act, 1984 — s. 19(1)
- Hindu Marriage Act — s. 24
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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