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2023 Supreme(MP) 534

RAJENDRA KUMAR VERMA
Rajendra Kumar – Appellant
Versus
Rukhmani Bisen – Respondent


Advocates Appeared:
Shri Vaibhav Jain, Advocate, for the Appellant.

ORDER

1. Heard on the question of maintainability.

2. As per objection raised by the Registry, this petition under Section 482 of Cr.P.C. is not maintainable and criminal Revision under Section 397/401 of Cr.P.C. should be preferred against the impugned order dated 10.11.2022 passed by learned Principal Judge, Family Court, Balaghat in MJCR No. 171/2022 (Smt. Rukhmani Bisen Vs. Rajendra Kumar) whereby learned family Court allowed the application under Section 125 of Cr.P.C. for interim maintenance filed by the respondent-wife and directed the petitioner to pay the interim maintenance to the tune of Rs. 5,000/- per month from the date of application i.e. from 12.07.2022.

3. Learned counsel for the petitioner submits that the impugned order is an interim order, so criminal revision should not lie against the impugned order and he placed reliance on an order of the Rajasthan High Court in Criminal Revision Petition No. 462/2021 (Vishal Kochar Vs. Smt. Pulkit Sahni) dated 22.04.2022.

4. Section 397 (2) Cr.P.C. provides that the power of revision conferred by sub-section (1) of Section 397 Cr.P.C shall not be exercised in relation to an interlocutory order passed in any appeal, inquiry, tri

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