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Neutral Citation No. - 2025:AHC:72302 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 4869 of 2025 Applicant :- Raju Sahu Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anil Kumar Dubey,Chandra Bhan Dubey 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 preferred against the order dated 13.12.2024, passed by learned Principal Judge, Family Court, Jhansi in Case No. 1382 of 2024, under Section - 144 BNSS, whereby opposite party Nos. 2 and 3 have been granted interim 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 482 Cr.P.C. is not maintainable. In view of aforesaid, this application under Section 528 BNSS against order dated 13.12.2024 is not maintainable.
4. The application under Section 528 BNSS is dismissed as not maintainable. However the applicant is at liberty to file criminal
revision or to resort appropriate 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 :- 6.5.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad