Sushil Garg S/O Sh. Dinesh Garg vs Smt. Babita Jindal W/O Sh. Sushil ...
2022 Latest Caselaw 4049 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Criminal Revision Petition No. 117/2021

Sushil Garg S/o Sh. Dinesh Garg, Aged About 28 Years, R/o
Village Jhauraul, Tehsil And Police Station Nadbai District
Bharatpur (Raj.) At Present Office of C.O. City, Bharatpur Belt
No. 2244
                                                ----Non-Applicant/Petitioner
                                   Versus
Smt. Babita Jindal W/o Sh. Sushil Garg, D/o Sh. Naresh Jindal,
Aged About 26 Years, R/o Village Jhauraul, Police Station Nadbai
District Bharatpur (Raj.), At Present Indira Nagar, Police Station
Atalband, Bharatpur.
                                                   ----Applicant/Respondent

For Petitioner(s) : Mr. Shashank Shekhar Pachauri, Adv., for Mr. Asgar Khan, Adv.

For Respondent(s) : Mr. Mohit Khandelwal, Adv.

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Order

24/05/2022

This revision petition is preferred against the order dated

11.01.2021 passed by learned Judge, Family Court No.02,

Bharatpur, whereby application for interim maintenance under

Section 125 Cr.P.C. was allowed.

Learned counsel for the respondent raised preliminary

objection regarding maintainability of the revision petition. In

support of his submission, he placed reliance on the order of this

Court in the case of Vishal Kochar Vs. Smt. Pulkit Sahni & Anr.,

S.B. Criminal Revision Petition No.462/2021, along with connected

matter, decided on 22.04.2022.

Heard learned counsel for the parties.

(2 of 3) [CRLR-117/2021]

So far as the issue regarding maintainability of the revision

petition is concerned, this court has already decided the

controversy in the case of Vishal Kochar VS. Smt. Pulkit Sahni

& Anr., S.B. Criminal Revision Petition No.462/2021, along

with connected matter, vide order dated 22.04.2020, and

held as under:

21. In the light of above mentioned legal prepositions regarding law of precedents and their binding force, judgments of other High Court/s have only persuasive force and not binding force. This Court is bound by the decision of the Division Bench of this court in Anu vs Ratanlal, reported in RLR 1993(1) 125 and judgments of Co-ordinate Bench of this Court in Chhotu Singh vs Basanti Devi and Others, reported in RLW 2003(1)114 and Anshul Kulshreshth vs Smt Swarnima, reported in RLW 2019(1)610, wherein it was categorically held that the order of interim maintenance passed in pending application under Section 125 of CrPC is an interlocutory order.

22. It is also pertinent to mention here that Section 19 (1) & (4) of the Family Courts Act, 1984 provides that no appeal or revision shall lie against any interlocutory order passed by Family Court. The impugned order dated 27.01.2021 is passed by the Family Court No.2, Jaipur empowered under the Family Courts Act, 1984, therefore such revision petitions are not maintainable in the light of these provisions also.

(3 of 3) [CRLR-117/2021]

23. An order of interim maintenance passed under Sec. 125 of Cr.P.C by any Family Court or Magistrate, during the pendency of the proceeding, remains effective up to the final order only and does not decide the rights and liabilities of the parties in finality.

24. As per above discussion and settled legal position, this Court arrives at the conclusion that the impugned order dated 27.01.2021, regarding interim maintenance under Section 125 Cr.P.C., is an interlocutory order, hence both the revision petitions being not maintainable, either under Section 397/401 Cr.P.C. or under Section 19 of the Family Courts Act, are accordingly dismissed.

Since the issue aforesaid has already been decided by this

Court in the case of Vishal Kochar Vs. Smt. Pulkit Sahni & Anr.

(Supra), this revision petition stands dismissed.

Consequently, upon dismissal of the revision petition, the

stay application and pending application(s) also stands dismissed.

(UMA SHANKER VYAS),J

DANISH USMANI /33

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