Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 188329 (ALL)

NEERAJ KUMAR v. STATE OF U.P. AND 2 OTHERS

A482/23522/2024 · 2025-01-15

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:6823 Court No. - 73 Case :- APPLICATION U/S 482 No. - 23522 of 2024 Applicant :- Neeraj Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pankaj Sharma 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 12.06.2024, passed by the learned Additional Principal Judge, Family Court, Court No.3, Aligarh in Case No. 1058 of 20212(Smt. Hemlata Vs. Neeraj Kumar), under Section - 125 Cr.P.C., Police Station - Iglas, District - Aligarh, whereby interim maintenance has been granted in favour of opposite party no.2. 3. Learned counsel for the applicant submitted that by impugned order, interim maintenance has been granted to the opposite party no.2 and it is an interlocutory order and application under Section - 482 Cr.P.C. against such an order is maintainable. In support of his contention, learned counsel for the applicant has placed reliance upon case of Akanksha Arora Vs. Tanay Maben (Criminal Appeal No(s). Nil of 2024, arising out of SLP (Crl.) No(s). 15909 of 2023), decided on 04.12.2024. 4. I have considered the submissions and perused the record. 5. 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 case of Akanksha Arora (supra) relied by learned counsel for the applicant, no such law has been laid down that against an order of grant of interim maintenance, application under Section - 482 Cr.P.C. would be maintainable. However it has been observed by the Hon'ble Apex Court that the court may convert a petition under Section - 482 Cr.P.C. into revision. In the instant matter no such prayer has been made. Further in revision issue of limitation is also be to be considered. In view of aforesaid, this application under Section - 482 Cr.P.C. is not maintainable. 6. Accordingly, this application under Section - 482 Cr.P.C. is dismissed as not maintainable. 7. The applicant is at liberty to file revision/resort appropriate remedy in accordance with law. 8. The certified copy of order of Family court may be returned back to the learned counsel for the applicant after retaining photocopy of the same on record. Order Date :- 16.1.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad