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2025 DAILYLAW 106834 (ALL)

AMIT v. STATE OF U.P. AND 2 OTHERS

A482/39279/2024 · 2025-02-23

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26108 Court No. - 73 Case :- APPLICATION U/S 482 No. - 39279 of 2024 Applicant :- Amit Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 482 Cr.P.C. has been preferred against the dated 03.10.2024 passed by the Additional Principal Judge, Family Court No. 3, Bulandshahr in misc. case no. 1612 of 2022, under Section 128 Cr.P.C., whereby recovery warrant has been issued against the applicant as well as against the ex-parte order dated 07.10.2022 passed in case no. 770 of 2016, under Section 125 Cr.P.C. P.S. Aurangbad, District Bulandshahr, whereby opposite party Nos. 2 and 3 have been granted maintenance. 3. At the outset it may be stated that by impugned ex-parte judgement dated 07.10.2022, maintenance has been granted by the Family court in favour of opposite party Nos. 2 and 3. 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 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. against order dated 07.10.2022 is not maintainable. 4. So far order dated 03.10.2024 is concerned, in that order learned Family court has mentioned that an attempt was made for compromise between the parties but applicant was not present and accordingly, recovery warrant has been issued against the applicant for realization of arrears of maintenance. No such material illegality or perversity could be shown in the impugned order dated 03.10.2024, so as to require any interference by this Court by invoking inherent powers under Section 482 Cr.P.C. The application under Section 482 Cr.P.C. lacks merit and thus, the same is liable to be dismissed. 5. The application under Section 48 Cr.P.C. is hereby dismissed. Order Date :- 24.2.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad