Court No. - 28
Case :- CRIMINAL REVISION No. - 114 of 2019 Revisionist :- Mohit Goyal Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Jayant Banerji,J.
Shri Dharmesh Shukla, holding brief of Shri Kandarp Srivastava, learned counsel for the revisionist is present. Learned A.G.A. appears for the State.
This revision has been filed against the order dated 5.10.2018 passed by the Principal Judge, Family Court, Allahabad in Maintenance Case No. 533 of 2013 (Smt. Sapna Gupta Vs. Mohit Goyal) by means of which the revisionist has been directed to pay an interim maintenance of amount of Rs. 7000/- per month.
It has been pointed by the learned A.G.A. that the impugned order is purely interlocutory in nature and, therefore, in view of the provisions of 397(3) Cr.P.C., this revision would not lie.
A perusal of the order dated 5.10.2018 reveals that an application for interim maintenance was filed by the O.P. No. 2 before the Family Court, Allahabad. The O.P. No. 2 had filed an application under Section 482 Cr.P.C. No. 26171 of 2018, in which, the Court had directed that the application for interim maintenance be decided after hearing the parties. The Family Court has heard both the parties and after recording reasons has proceeded to pass the order granting interim maintenance.
The order impugned is for payment of interim maintenance which is an interlocutory order. The application for maintenance under Section 125 Cr.P.C. was filed in the year 2013. This revision is not maintainable and is, accordingly, dismissed.
Order Date :- 22.1.2019 A. V. Singh (Jayant Banerji,J.)