The Rajasthan High Court has held that civil appeal cannot be filed against a Family Court order granting maintenance under Section 125 of the Code of Criminal Procedure (CrPC), reiterating that the orders fall within the statutory bar contained in Section 19(2) of the Family Courts Act, 1984.
The Bench of Justice Arun Monga and Justice Sunil Beniwal dismissed an appeal filed by a husband challenging a Family Court order directing him to pay Rs. 15,000 per month as maintenance to his wife. The court ruled that the appeal itself was not maintainable in law.
The case arose from an order passed by the Family Court in Sirohi, which allowed an application filed by the wife under Section 125 CrPC seeking maintenance. The Family Court directed the husband to pay Rs. 15,000 per month as maintenance.
The husband approached the High Court by filing a Civil Miscellaneous Appeal challenging the Family Court’s decision.
However, during the hearing, the High Court raised a preliminary question regarding the maintainability of the appeal in light of the statutory framework governing Family Court decisions.
The bench examined Section 19 of the Family Courts Act, 1984, which governs appeals from Family Court orders.
While Section 19(1) generally permits appeals against judgments or orders of Family Courts to the High Court, Section 19(2) creates an important exception. The provision explicitly states that no appeal shall lie against orders passed under Chapter IX of the CrPC, which deals with maintenance.
The court noted that Section 125 CrPC, under which the wife had sought maintenance, forms part of Chapter IX of the CrPC.
Therefore, the statutory language clearly bars appeals against such orders.
Counsel for the husband argued that since the order had been passed by a Family Court, an appeal should be maintainable before the High Court.
The bench, however, rejected this argument, observing that the language of Section 19 of the Family Courts Act is “clear as daylight” and leaves no room for ambiguity.
The court emphasized that the right of appeal provided under Section 19(1) is subject to the limitation contained in Section 19(2), which expressly excludes appeals from orders under Chapter IX of the CrPC.
The Division Bench also referred to a ruling of the Allahabad High Court in Deepak vs. Smt. Reena, where it was held that although Family Court orders are generally appealable, orders passed under Section 125 CrPC are specifically excluded from appellate jurisdiction.
The Rajasthan High Court agreed with this interpretation and endorsed the reasoning adopted by the Allahabad High Court.
Based on the statutory provisions and judicial precedent, the court concluded that the husband’s appeal could not be entertained.
The bench therefore dismissed the appeal as not maintainable, while granting liberty to the appellant to pursue any other legal remedy available under law.
Case Details
Case Title: Shanker Lal Versus Magudevi
Citation: JURISHOUR-348-HC-2026(RAJ)
Case No.: D.B. Civil Misc. Appeal No. 135/2025
Date: 06/03/2026
Counsel For Appellant: Urmila Chauhan
Counsel For Respondent: Mahip Singh
