Dismissed

Shubham Dubey v. State of U.P. and Another

Allahabad HC3 Dec 2024A482/22100/2024

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. challenging an interim maintenance order passed by a Family Court. Relying on Section 19 of the Family Courts Act and prior precedents, the Court held that such orders are not interlocutory and can be challenged via revision, making the Section 482 application not maintainable.

What did the court decide?

Application under Section 482 Cr.P.C. dismissed as not maintainable. Liberty granted to file revision.

Shubham Dubey vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:189134

¶2

Court No. - 75

¶3

Case :- APPLICATION U/S 482 No. - 22100 of 2024

¶4

Applicant :- Shubham Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Giri,Yogita Shukla Counsel for Opposite Party :- G.A.

¶5

Hon'ble Raj Beer Singh,J.

¶6

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

¶7

This application under Section - 482 Cr.P.C. has been preferred against order dated 03.05.2024, passed by the learned Principal Judge, Family Court, Mirzapur in Case No. 417 of 2022 (Shivangi Vs. Shubham Dubey), under Section - 125 Cr.P.C., Police Station - Vindhyachal, District - Mirzapur, whereby interim maintenance has been granted in favour of opposite party no.2.

¶8

It is apparent from record that by impugned order dated 03.05.2024 interim maintenance has been granted by the Principal Judge, Family Court, Mirzapur 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

¶9

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.

¶10

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

¶11

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

¶12

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.

¶13

Order Date :- 3.12.2024 S Rawat

¶14

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

Shubham Dubey v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shubham Dubey v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ravi @ Haseen and 4 Others vs State of U.P. and Another

Lalit vs State of Up and 2 Others

Atar Singh @ Atar Singh Yadav vs State of Up and Another

Piyush Kumar Ojha vs State of U.P. and Another.

Sarvesh Kumar vs State of U.P. and Another

Rampravesh Yadav @ Pravesh Kumar vs State of U.P. and Another