Dismissed

Jitendra v. State of Up and Another

Allahabad HC13 Sept 2024A482/29889/2024

Case brief

AI extract

What is this about?

The Allahabad High Court held that an application under Section 482 Cr.P.C. is not maintainable to challenge an order granting interim maintenance under Section 125 Cr.P.C. by a Family Court, as such orders are substantive and subject to revision under Section 19 of the Family Court Act, 1984.

What did the court decide?

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

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

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Neutral Citation No. - 2024:AHC:190124

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 29889 of 2024

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Applicant :- Jitendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Bhan 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 and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been preferred against the order dated 12.07.2024, passed by learned Principal Judge, Family court, Sant Kabir Nagar, in misc. case No. 240/11/2022, arising out of case No. 240 of 2017, under Section 125 Cr.P.C., Police Station Ghanghata, District Sant Kabir Nagar, whereby interim maintenance has been granted in favour of opposite party no. 2.

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Learned A.G.A. has raised a preliminary objection that the present application under Section 482 Cr.P.C. against the impugned order, is not maintainable.

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It has been submitted by learned counsel for the applicant that by impugned order dated 12.07.2024 the Family court has granted interim maintenance in favour of opposite party no. 2, without considering relevant facts and law. Regarding maintainability of this application under Section 482 Cr.P.C., it was submitted that as there is abuse of the process of court, thus, the present application under Section 482 Cr.P.C. is maintainable. Referring to the facts of the matter, it was submitted that the impugned order is liable to be set aside.

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I have considered the rival submissions and perused the record.

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It is apparent from record that by impugned order dated 12.07.2024 interim maintenance has been granted by the Principal Judge, Family Court concerned in favour of opposite party no. 2. In view of the 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 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 would be at liberty to file revision or to resort appropriate remedy in accordance with law.

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The certified copy of impugned order 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 :- 4.12.2024 Anand

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Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad

Jitendra v. State of Up and Another

Case brief

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Jitendra v. State of Up and Another

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