The Allahabad High Court dismissed an application under Section 482 Cr.P.C. challenging an order granting interim maintenance. Relying on Family Court Act and specific precedents, the court held that such maintenance orders are not interlocutory.
Application under Section 482 Cr.P.C. dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:191267
Court No. - 75
Case :- APPLICATION U/S 482 No. - 2547 of 2024
Applicant :- Rajesh Kumar Opposite Party :- State Of Up Others Counsel for Applicant :- Chandan Singh,Krishna Mohan Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Mukhopadhyay Vs. State of U.P. and Another 2023:AHC:2129445 and Ashu Jain vs. State of U.P. and others 2023:AHC:165660, it is clear that the order of grant of interim maintenance is not an interlocutory order and an application under Section 482 Cr.P.C. against order of interim maintenance is not maintainable.
Order Date :- 5.12.2024 SP/-
Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether an application under Section 482 Cr.P.C. is maintainable against an order granting interim maintenance under Section 125 Cr.P.C.
Whether an order granting interim maintenance is considered an interlocutory order for the purpose of Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Liaqat Hussain Vs. Jainab Praveen and AnotherRelied on¶11
Liaqat Hussain Vs. Jainab Praveen and Another AIR ONLINE 2020 ALL 2497 · Who else cites this
Smt. Anjana Mukhopadhyay Vs. State of U.P. and AnotherRelied on¶11
Smt. Anjana Mukhopadhyay Vs. State of U.P. and Another 2023:AHC:2129445
Ashu Jain vs. State of U.P. and othersRelied on¶11
Ashu Jain vs. State of U.P. and others 2023:AHC:165660
3 provisions across 2 enactments
Rajesh Kumar
State Of Up
Smt. Sapna Singh
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
