Dismissed¶10

Ramesh v. State of U.P. and 4 Others

Allahabad HC6 Jan 2025A482/42769/2024

Case brief

AI extract

What is this about?

Maintainability of Section 482 Cr.P.C. application against interim maintenance order under Section 125 Cr.P.C. passed by Family Court, Maharajganj (Case No. 1064 of 2023, Shilpa Vs. Ramesh); held such order is not interlocutory and remedy is revision per Section 19 Family Court Act, 1984; relied on Anjana Mukhopadhyay (2023:AHC:2129445), Ashu Jain (2023:AHC:165660), Manish Aggarwal (2012 SCC OnLine Del 4816) and Liaqat Hussain (DB, AIRONLINE 2020 ALL 2497); application dismissed as not maintainable with liberty to seek revision; decided 6.1.2025.

What did the court decide?

Application dismissed as not maintainable; applicant at liberty to file revision or resort appropriate remedy in accordance with law; certified copy of the Family Court order to be returned to counsel for the applicant after retaining photocopy on record. ¶10

Ramesh vs State of U.P. and 4 Others — Maintenance and Alimony | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:1938

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 42769 of 2024

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Applicant :- Ramesh Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Nand Lal Maurya 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 13.09.2024, passed by the learned Principal Judge, Family Court, Maharajganj in Case No. 1064 of 2023 (Shilpa Vs. Ramesh), under Section - 125 Cr.P.C., Police Station - Nichlaul, District - Maharajganj, whereby interim maintenance has been granted in favour of opposite party no.2.

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It is apparent from record that by impugned order dated 13.09.2024 interim maintenance has been granted by the Principal Judge, Family Court, Maharajganj 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

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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 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 :- 6.1.2025 S Rawat

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

Ramesh v. State of U.P. and 4 Others

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Ramesh v. State of U.P. and 4 Others

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