Criminal Revision Court dismissed an appeal against an interim maintenance order under Section 125 CrPC as infructuous since the Family Court had already passed a final order on the matter.
The criminal revision was dismissed as infructuous.
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Neutral Citation No. - 2023:AHC:189297
Court No. - 79
Case :- CRIMINAL REVISION No. - 1631 of 2023
Revisionist :- Chetan Bhatnagar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Prabhakar Tripathi,Surendra Kumar Tiwari
Counsel for Opposite Party :- G.A.,Harshul Bhatnagar
Hon'ble Vipin Chandra Dixit,J.
Short counter affidavit has been filed on behalf of opposite party no. 2, is taken on record.
It is submitted by learned counsel appearing on behalf of opposite party no.2 that the present criminal revision has been filed against the judgement and order dated 02.03.2023 passed by Principal Judge, Family Court, Shaharanpur in Case No.- 2174 of 2022, under Section 125 of Cr.P.C., by which interim maintenance was awarded. Now the learned family court has passed the final order on 22.07.2023. Certified copy of judgement and order dated 22.07.2023 has been produced.
In view of above, since the final order has been passed by learned family court, the present criminal revision against the interim order has become infructuous and is liable to be dismissed as infructuous.
Learned counsel for the revisionist does not dispute the aforesaid facts.
In view of above criminal revision is dismissed as infructuous.
Order Date :- 3.10.2023 Virendra
Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether a criminal revision filed against an interim maintenance order becomes infructuous upon the passing of a final order by the family court?
1 provisions across 1 enactments
Chetan Bhatnagar
State of U.P.
Another
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
