Interim order for maintenance is not an interlocutory order so revision is maintainable

Amir Khan Vs State of Rajasthan and Anr

Rajasthan HC, Jaipur Bench

25/01/2019

S.B. Criminal Revision No. 463/2018

About/from the judgment:

In its order of January 25, 2019, the High Court held that an interim order for maintenance can be subject to revision. The order states that interim maintenance orders will not attract the bar imposed on them under Section 397(2) of the Code of Criminal Procedure (CrPC). It added that revision sought in interim orders will, thus, be maintainable.

 

The Single Judge Bench examined the scope of the term “interlocutory order” and placed reliance on the decisions of the Supreme Court and the Allahabad High Court for the same. The Court also highlighted the provisions of the Protection of Women from Domestic Violence Act, 2005 that allow for a revision of a maintenance order.

 

The Court, thus, arrived at the conclusion that interim orders passed in cases of maintenance are not barred by Section 397 of the CrPC and revision petitions are maintainable. Advocate Sehban Naqvi had appeared for the petitioner in this matter.

 

The Punjab & Haryana High Court has held that interim orders are interlocutory in nature and review in the same cannot be allowed, the High Courts of Madhya Pradesh, Calcutta and even Rajasthan, have held that interim orders are interlocutory and attract a bar on revision.

Read the Judgment

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