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Neutral Citation No. - 2025:AHC:40395 Court No. - 71 Case :- APPLICATION U/S 482 No. - 43507 of 2024 Applicant :- Pawan Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shahzad Alam Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
2. This application under Section - 482 Cr.P.C. has been preferred against order dated 15.11.2024, passed by learned Additional Principal Judge, Family Court, Court No.1, Deoria, in Misc. Application No. 1594 of 2022 ( Pawan Yadav vs. Manisha Yadav), under Section 126 Cr.P.C., arising out of Maintenance Case No.912 of 2021, , P.S.- Bhaluani, District- Deoria, whereby maintenance has been granted in favour of opposite party no.2.
3. Perusal of record shows that by impugned order dated 15.11.2024 interim maintenance has been granted by the Family Court in favour of opposite party no.2 under Section - 125 Cr.P.C. In view of 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 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.
4. Thus, it is apparent that this application under Section - 482 Cr.P.C. against impugned order dated 15.11.2024 is not maintainable.
5. Accordingly, this application under Section - 482 Cr.P.C. is dismissed as not maintainable.
6. However, the applicant would be at liberty to file criminal revision or to resort remedy available under law. The certified copies available on record may be returned back to learned counsel for applicant after retaining photocopy of same on record. Order Date :- 20.3.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad