Case brief
What is this about?
Patna High Court Criminal Revision No.242 of 2019 (decided 08-04-2024, Bibek Chaudhuri, J). Petitioner Babloo Kumar (husband) sought revision relating to an interim maintenance/alimony order passed by the Principal Judge, Family Court, Nawada in Divorce Case No. 69 of 2017 under Section 24 of the Hindu Marriage Act, in favour of respondent no. 2 Anuradha Kumari (wife) who had applied for alimony pendente lite in the divorce suit filed by the petitioner. Held: such Section 24 interim maintenance order is not revisable under Section 397 read with Section 401 Cr.P.C.; the petitioner's remedy lies under Section 115 Civil Procedure Code and Article 227 Constitution of India before the court having jurisdiction of Civil Revision; criminal revision dismissed as not maintainable.
What did the court decide?
An order of interim maintenance alimony passed under Section 24 of the Hindu Marriage Act is not revisable under the provision of Section 397 of the Cr.P.C. read with Section 401 of the Cr.P.C.