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2024 Supreme(Kar) 39

HANCHATE SANJEEVKUMAR
R. Smitha Subramanyachar W/o Sri. Manjunath S. K – Appellant
Versus
Manjunath S K S/o Sri. S. R. Krishnamurthy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri V.Lakshminarayana, Senior Counsel For Smt. Anusha L, Adv. For M/s Balaji Associates, Advs.

ORDER :

1. This revision petition is filed against the order passed on I.A.No.II filed under Section 125(2) of Cr.P.C., being aggrieved in not considering and not granting interim maintenance to petitioner No.1-wife.

2. The office has raised objection that in view of Section 19(4) of Family Court Act against the interim order, the revision petition is not maintainable.

3. The Family Court vide order dated 24.07.2020 has passed an order on I.A.No.II filed under Section 125(2) of Family Court Act granting only interim maintenance of Rs.20,000/- pm., to petitioner No.2-child, but has not considered the application for interim maintenance to petitioner No.1-wife. The order impugned is an interlocutory order passed on I.A.No.II. As per Section 19(4) of Family Court Act against the interlocutory order, the revision petition is not maintainable.

4. However, considering the records that the petitioners had filed C.Misc.No.185/2020 before the Family Court on 24.02.2020, but till today after lapse of four years, the Family Court has not passed any order on the petition filed by the petitioners. The petitioners are wife and child. The maintenance petition is filed on the ground that the responden

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