The High Court of Uttarakhand dismissed a criminal miscellaneous application challenging an interim maintenance order as infructuous because the underlying maintenance proceeding filed by the wife had been dismissed.
Criminal miscellaneous application dismissed as infructuous.
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2024:UHC:9178
| SL. No. |
Dat e | Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es |
COURT’S OR JUDGE’S ORDERS C482 No.330 of 2018 Hon’ble Man oj Ku m ar Tiw ar i, A.C.J. |
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| Mr. Kailash Chandra, Advocate, holding brief of Mr. Nagesh Aggarwal, Advocate for the applicant. Mr. Devesh, Advocate, holding brief of Mr. Jitendra Chaudhary, Advocate for the respondents. 2. Applicant is the husband, who had challenged the order dated 02.02.2018 passed by learned Judge, Family Court, Haridwar in Criminal Case No.56 of 2017. By the said order, applicant was directed to pay ₹3,000/- per month as interim maintenance to his wife and ₹1,500/- per month as interim maintenance to his minor son. 3. As per office report dated 19.07.2024 received from learned Judge, Family Court, Haridwar, Misc. Criminal Case No.56 of 2017 filed by Smt. Taslima against the applicant has been dismissed vide judgment dated 19.11.2018. |
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| 4. Learned counsel for the applicant, on instructions, submits that this criminal misc. application, under Section 482 Cr.P.C., has become infructuous. |
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| 5. In view of the aforesaid facts, this Court is of the considered opinion that the criminal misc. application has become infructuous. |
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| 6. Accordingly, the criminal misc. application is dismissed as infructuous. |
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( Man oj Ku m ar Tiw ar i, A.C.J.) 06.12.2024 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2024.12.09 14:56:27 +05'30' |
2024:UHC:9178
2 issues framed by the court
Whether the criminal miscellaneous application under Section 482 Cr.P.C. is maintainable when the underlying maintenance proceedings have been dismissed.
Whether the challenge to the interim maintenance order has become infructuous after the dismissal of the main criminal case.
1 provisions across 1 enactments
Applicant
Respondents
Manoj Kumar Tiwari A.C.J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
