Yashvir Singh vs State Of U.P. And 2 Others
2023 Latest Caselaw 21875 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:163694
 
Court No. - 85
 

 
Case :- CRIMINAL REVISION No. - 4065 of 2023
 

 
Revisionist :- Yashvir Singh
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Revisionist :- Hari Prakash Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mayank Kumar Jain,J.

Heard learned counsel for the revisionist and learned AGA for the State.

This revision has been preferred against the judgment and order dated 02.06.2023 passed by learned Principal Judge, Family Court, Etawah in Complaint Case No.339 of 2017 (Sangeeta Yadav and Anr. Vs. Yashvir Singh) whereby revisionist was directed to pay interim maintenance @ Rs.10,000/- per month to the respondent no.2 from the date of application.

It is submitted that the objection, filed on behalf of revisionist against the application of the respondent no.2 and 3 for granting interim maintenance is not taken into consideration by the court concerned and impugned order is passed merely on the basis of the averment made by the respondent no.2 and 3.

Learned counsel for the revisionist relied upon the judgement of this Court passed in Liaqat Hussain Vs. Jainab Parveen And Anr. passed by the Division Bench of this Court in First Appeal Defective No.300 of 2020. Relevant extract of the order is reproduced herein below:

"Thus the remedy against the order passed by the Family Court under Section 125 of Chapter IX of Cr.P.C. has been specifically provided under Section 19(4) of the Act, which confers powers on the High Court to examine the correctness, legality or propriety to the order passed by the Family Court. When the Family Court is dealing with the proceeding under Chapter IX of Cr.P.C. exercisable by the Magistrate of the first class in such contingency criminal revision would be maintainable against both interim as well as final order passed under Section 125 Cr.P.C.

An order which substantially affects the rights and decides certain rights of the parties, it has been held not to be an interlocutory order so as to bar revision in view of the pronouncement by the Hon'ble Apex Court in Amarnath and others Vs. State of Haryana and others, AIR 1977 SC 2185."

Matter requires consideration.

Admit.

Issue notice to the opposite party no.2 and 3, returnable within three weeks.

Put up as fresh on 06.09.2023.

Order Date :- 11.8.2023

Mohit