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Neutral Citation No. - 2025:AHC:63142 Court No. - 71 Case :- APPLICATION U/S 482 No. - 1810 of 2025 Applicant :- Vishal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwini Kumar Srivastava 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 16.05.2024, passed by the learned Additional Principal Judge, Family Court No.1, Meerut in Maintenace Case No. 1013 of 2021 (Smt. Saloni Sharma Vs. Vishal), under Section - 125 Cr.P.C., whereby interim maintenance has been granted in favour of opposite party no.2.
3. By impugned order dated 16.05.2024, interim maintenance has been granted by the Additional Principal Judge, Family Court No.1, Meerut under Section - 125 Cr.P.C. 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 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 - 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 :- 24.4.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad