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2025 DAILYLAW 68596 (ALL)

SMT KAUSHIKI DIXIT AND ANOTHER v. State of UP AND ANOTHER

A482/25026/2024 · 2025-01-24

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12602 Court No. - 73 Case :- APPLICATION U/S 482 No. - 25026 of 2024 Applicant :- Smt Kaushiki Dixit And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Pratap Singh,Manish Nath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, 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 for enhancement of maintenance amount awarded to the applicants vide order dated 08.02.2024, by the learned Principal Judge, Family Court, Deoria in Maintenance Case No. 218/19 (Smt. Kaushiki Dixit vs. Shivendra Dixit), under Section 125 Cr.P.C., P.S.- Bhatni, District- Deoria. 3. Learned A.G.A. has raised a preliminary objection that this application under Section 482 Cr.P.C. against impugned order passed under Section 125 Cr.P.C. is not maintainable. 4. Learned counsel for the applicants submitted that this application under Section 482 Cr.P.C. is maintainable. 5. I have considered the rival submissions and perused the record. 6. In view of provisions of Section 19(4) of Family Court Act and the law laid down in case of Liaqat Hussain Vs. Jainab Praveen and Another AIR ONLINE 2020 ALL 2497, Smt. Anjana Mukhopadhyay Vs. State of U.P. and Another 2023:AHC:2129445 and Ashu Jain vs. State of U.P. and others 2023:AHC:165660, it is clear that the order of grant of maintenance by Family Court is not an interlocutory order and an application under Section 482 Cr.P.C. against order of maintenance is not maintainable. 7. In view of aforesaid, this application under Section 482 Cr.P.C. is dismissed as not maintainable. 8. The certified copy available on record may be returned to the learned counsel for the applicants by retaining photocopy of the same on record. 8. The applicants shall be at liberty to file revision in accordance with law. Order Date :- 24.1.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad