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2025 DAILYLAW 95677 (ALL)

INAMULLAH ALIAS MANGRU v. STATE OF U.P. AND 2 OTHERS

A482/30687/2024 · 2025-02-13

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20514 Court No. - 73 Case :- APPLICATION U/S 482 No. - 30687 of 2024 Applicant :- Inamullah Alias Mangru Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mohammad Zafar Yab Khan,Shahroze Khan 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 20.08.2024, passed by the learned Principal Judge, Family Court, Siddharth Nagar, in Case No. 499 of 2022 (Smt. Tarabunnisha and others Vs. Inamullah alias Mangru), under Section 125 Cr.P.C., P.S.- Chilhiya, District- Siddharth Nagar, whereby interim maintenance has been granted in favour of opposite party nos.2 and 3. 3. By impugned order, interim maintenance has been granted by the Family Court. 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 or interim maintenance is not an interlocutory order and an application under Section 482 Cr.P.C. against order of maintenance is not maintainable.However, the applicant would be at liberty to file revision in accordance with law. 4. In view of aforesaid, this application under Section 482 Cr.P.C. is dismissed as not maintainable. 5. The certified copy of the impugned order may be returned to the learned counsel for the applicant by retaining photocopy of the same on record. Order Date :- 13.2.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad