Dismissed

Prateek Garg v. State of Up and Another

Allahabad HC5 Dec 2024A482/21385/2024

Case brief

AI extract

What is this about?

This court held that an order granting interim maintenance by a Family Court is not an interlocutory order. Accordingly, an application under Section 482 Cr.P.C. against such an order is not maintainable, and the aggrieved party must avail of the remedy of revision.

What did the court decide?

Application under Section 482 Cr.P.C. dismissed as not maintainable. Applicant permitted to file revision.

Prateek Garg vs State of Up and Another — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:190656

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 21385 of 2024

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Applicant :- Prateek Garg Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This application under Section - 482 Cr.P.C. has been preferred against order dated 09.06.2023, passed by the learned Principal Judge, Family Court, Agra in Criminal Case No. 1748 of 2021 (Dipti Jain Vs. Prateek Garg), under Section - 125 Cr.P.C., Police Station - New Agra, District - Agra, whereby interim maintenance has been granted in favour of opposite party no.2.

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Perusal of record shows that by impugned order dated 09.06.2023 interim maintenance has been granted by the Principal Judge, Family Court, Agra in favour of opposite party no.2. In view of provisions of Section - 19 of Family Court Act, 1984 and the law laid down in case of Smt. Anjana Mukhopadhyay Vs. State of U.P. and Another 2023:AHC:2129445, Ashu Jain Vs. State of U.P. and 3 Others 2023:AHC:165660 and Manish Aggarwal Vs. Seema Aggarwal and Others 2012 SCC OnLine Del 4816, it is clear that an order of maintenance or interim maintenance passed by family court is not an interlocutory order and that against such orders, aggrieved person has remedy of revision. It was held that against such order, application under Section - 482 Cr.P.C. is not maintainable. Similar law has been laid

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down by the Division Bench of this Court in case of Liaqat Hussain Vs. Jainab Praveen and Another AIRONLINE 2020 ALL 2497. In view of aforesaid, this application under Section - 482 Cr.P.C. is not maintainable.

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Accordingly, this application under Section - 482 Cr.P.C. is dismissed as not maintainable.

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However, the applicant is at liberty to file revision/resort appropriate remedy in accordance with law.

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The certified copy of order of family court may be returned back to the learned counsel for the applicant after retaining photocopy of the same on record.

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Order Date :- 5.12.2024 S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Prateek Garg v. State of Up and Another

Case brief

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Prateek Garg v. State of Up and Another

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