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Neutral Citation No. - 2025:AHC:61429 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 3539 of 2025 Applicant :- Sheetal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishn Kumar,Sarita Kumari Maurya,Shobha Vati 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 record.
2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed against the order dated 25.10.2024, passed by learned Principal Judge, Family Court, Aligarh in Criminal Misc. Case No. 2095 of 2023, under Section - 125 Cr.P.C. with prayer to enhance the amount of maintenance.
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 Liaqat Hussain Vs. Jainab Praveen and Another AIRONLINE 2020 ALL 2497, 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 528 BNSS is not maintainable. In view of aforesaid, this application under Section 528 BNSS against the order dated 25.10.2024 is not maintainable.
4. In view of aforesaid, the application under Section 528 BNSS is dismissed as not maintainable. However the applicant is at liberty
to file criminal revision/to resort appropriate legal remedy in accordance with law.
5. The certified copy of the order available on record, if any, be returned back to the learned counsel for the applicant after retaining photocopy of the same on record. Order Date :- 23.4.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad