High Court of Gujarat

RAJIVGIRI LABHUGIRI GOSAIversusRITA RAJIVGIRI GOSWAMI

Disposal: 33-CA DISPOSED OF
Bench: ILESH VORAR T VACHHANI

Holding

The appeal is not maintainable; the appellant may only file a revision petition against the maintenance order.

Summary

The appellant sought to challenge an order of enhanced maintenance passed by the Family Court. The respondent objected, invoking Section 19(4) of the Family Court Act, 1984, which bars appeals against maintenance orders under Chapter IX of the Criminal Procedure Code. The appellant counter‑claimed that Section 19(3) permits an appeal. After examining the statutory provisions, the Court held that the appellant could only seek a revision, not an appeal, of the maintenance order. Consequently, the appeal was not admitted and was disposed of.

Issues considered

Whether an appeal under Section 19(4) of the Family Court Act, 1984 is maintainable against a maintenance order passed under Chapter IX of the Criminal Procedure Code
Whether Section 19(3) of the Family Court Act, 1984 allows the appellant to file an appeal in such circumstances

Legislation cited

Code of Criminal Procedure, 1973
Family Court Act, 1984s. 19(3), s. 19(4)

Subjects

maintenanceFamily Court Actappealrevision petitionSection 19Criminal Procedure Codeprocedural law

Judgment

         C/FA/2103/2024                                                           ORDER DATED: 16/06/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                         R/FIRST APPEAL NO. 2103 of 2024
                                      With
                         R/FIRST APPEAL NO. 2527 of 2024
==========================================================
                                    RAJIVGIRI LABHUGIRI GOSAI
                                               Versus
                                     RITA RAJIVGIRI GOSWAMI
==========================================================
Appearance: H P BAXI(9459) for the Appellant(s) No. 1
SHIVANI R MODI(9280) for the Appellant(s) No. 1
ARCHITA M PRAJAPATI(8241) for the Defendant(s) No. 1
==========================================================
   CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
           and
           HONOURABLE MR. JUSTICE R. T. VACHHANI
                        Date : 16/06/2026
                         ORAL ORDER
  (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
Order in F.A.No.2103/2024
           Admit.
Order in F.A.No.2527/2024
           We have heard Mr.H.P. Baxi and Ms.Archita Prajapati, learned
advocates for the respective parties.
           Other side has raised objection, citing Section 19(4) of the Family
Court Act, 1984 that there is a bar on filing an appeal against the order of
maintenance passed under Chapter-IX of Cr.P.C.
           Against this, Mr.Baxi, learned advocate is referring Section 19(3)
contending that the appeal is maintainable.
           After going through the statutory provisions, we find substance in
the contentions raised by Ms.Prajapati. The appellant is permitted to file
revision petition against the enhancement of maintenance passed by the
Family Court. We are not admitting the appeal against the said order.
           With these observations, the appeal stands disposed of.


                                                                                           (ILESH J. VORA,J)


                                                                                        (R. T. VACHHANI, J)
Rakesh



Original copy of this order has been signed by the Hon'ble Judges.
                                                            Page 1 of 1
Digitally signed by: RAKESH MAHESHKUMAR KOSHTI(HC00950), Principal Pvt. Secretary, at High Court of Gujarat on 16/06/2026 17:18:29

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