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2023 Supreme(HP) 471

RAKESH KAINTHLA
Nitish Kumar – Appellant
Versus
Neha Kumari – Respondent


Advocates Appeared:
For the Petitioner: Mr. K.S. Gill.
For the Respondent: Mr. Atharv Sharma.

JUDGMENT :

(Rakesh Kainthla, J.)

The present petition has been filed under Section 482 of Cr.P.C. against the order dated 8.8.2022, passed by the learned Principal Magistrate, Family Court, Hamirpur, Circuit at Nadaun in Cr.MA No. 104 of 2021, under Section 125(3) of Cr. P.C., vide which the application filed by the respondent was allowed and interim maintenance of Rs.6500/- per month along with litigation charges of Rs.8500/- were awarded in her favour.

2. When the matter was listed, an objection was raised that the petition under Section 482 of Cr.P.C. would not be maintainable against the order passed by the Principal Judge, Family Court.

3. I have heard Mr. K.S. Gill, learned Counsel for the petitioner and Mr. Atharv Sharma, learned Counsel for the respondent.

4. Mr. K.S. Gill, learned counsel for the petitioner submitted that the learned Principal Judge, Family Court had awarded interim maintenance, which is not a final order and no appeal or revision lies against the same. The petitioner has no remedy except to file a petition under Section 482 of Cr.P.C. Therefore, he submitted that the petition is fully maintainable.

5. Mr. Atharv Sharma, learned counsel for the respondent submi

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