The Uttarakhand High Court in a recent judgment has held that a revision petition against a family court order passed under Section 125 of the Code of Criminal Procedure, 1973
, is maintainable and that an application under Section 482 of the Code of Criminal Procedure, 1973
, would not be maintainable against such an order.In this case, the Uttarakhand High Court clubbed various criminal misc. applications filed under Section 482 of Cr.P.C. against orders passed by family court judges, on interim maintenance applications filed in pending proceedings under Section 125 of the Code. Out of the aforementioned criminal misc. applications, some petitions were filed against the rejection of interim maintenance applications and some were filed against allowing of the interim maintenance applications. All of them were passed under Section 125 of the Code.The issue before the court was – as to whether an application under Section 482 of Cr.P.C. or a criminal revision under Section 397
of Cr.P.C. is maintainable?
Justice Lok Pal Singh
referring to various apex court judgments observed that an order which adjudicates the rights of the parties on rejecting or allowing the interim maintenance application during proceedings cannot be said to be an interlocutory order.It said: “This Court is of the view that an order passed under Proviso to sub section (1) of Section 125 of Cr.P.C. rejecting or allowing an application for maintenance, pending proceedings, is not an interlocutory order which adjudicates the rights of the parties to some extent. The revision under Section 397 of Cr.P.C. is maintainable. It has been held that such an order is amenable to revisional jurisdiction of this Court.”
Further, on the maintainability of petitions filed under Section 482 of Cr.P.C., the court said that: “The powers of High Court under Section 482 of Cr.P.C. are inherent in nature and could be exercised where statutory remedy of appeal and revision under the Cr.P.C. is not available. Thus, in view of the findings recorded above that revision against such an order is maintainable, an application under Section 482 of Cr.P.C. would not be maintainable.”