Dismissed

Nitin Yadav v. State of U.P. and Another

Allahabad HC23 Apr 2025A482/788/2025

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What is this about?

Section 482 Cr.P.C. application dismissed as not maintainable against Family Court maintenance order; maintenance/interim maintenance order of Family Court held not an interlocutory order; remedy is revision under Section 19 of Family Courts Act, 1984; ex-parte judgment dated 20.04.2024, Principal Judge, Family Court, Kanpur Nagar, Case No. 613 of 2023, Section 125 Cr.P.C. maintenance; relied on S

What did the court decide?

Application dismissed as not maintainable; applicant left at liberty to file a revision or an application under Section 126(2) Cr.P.C. in accordance with law; certified copy of the Family Court order

Nitin Yadav Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:62762

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 788 of 2025

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Applicant :- Nitin Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Ranjan Tripathi 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 ex-parte judgment dated 20.04.2024, passed by learned Principal Judge, Family Court, Kanpur Nagar, in Case No. 613 of 2023 (Smt. Sonika Yadav Vs. Nitin Yadav), under Section - 125 Cr.P.C., Police Station - Kalyanpur, District - Kanpur Nagar, whereby 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 20.04.2024, maintenance has been granted by the Principal Judge, Family Court, Kanpur Nagar 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

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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 is at liberty to file revision or to file an application under Section - 126 (2) Cr.P.C. 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 :- 24.4.2025 S Rawat

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

Nitin Yadav v. State of U.P. and Another

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Nitin Yadav v. State of U.P. and Another

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