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Neutral Citation No. - 2025:AHC:8771 Court No. - 73 Case :- APPLICATION U/S 482 No. - 20215 of 2024 Applicant :- Himanshu Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Kaushal Upadhyay 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. This application under Section - 482 Cr.P.C. has been preferred against order dated 18.12.2021, passed by the learned Principal Judge, Family Court, Aligarh in Case No. 1738 of 2019 (Savita Sharma alias Soni Vs. Himanshu Sharma), under Section - 125 Cr.P.C., whereby interim maintenance has been granted in favour of opposite party no.2.
3. It is apparent from record that by impugned order dated 18.12.2021, interim maintenance has been granted by the Principal Judge, Family Court, Court, Aligarh in favour of opposite party no.2. 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 view of aforesaid, this application under Section - 482 Cr.P.C. is not maintainable.
4. Accordingly, this application under Section - 482 Cr.P.C. is dismissed as not maintainable.
5. However, the applicant is at liberty to file revision/resort appropriate remedy in accordance with law.
6. 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 :- 20.1.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad