Shivani Thakur
Published on: April 28, 2022 at 17:34 IST
The Rajasthan High Court observed that an Order of Interim Maintenance passed under Section 125 of Code of Criminal Procedure (CrPC) by Family Court or Magistrate during the pendency of Case is only effective till the Final Order and doesn’t decide liabilities and rights of parties.
The court ruled that the impugned order for interim maintenance of under Section 125 Criminal Procedure Code was an interlocutory order and hence the amendment against it is not maintainable under Section 19 of the Family Court Act or 401/397 of Criminal Procedure Code.
The Bench of Justice Uma Shanker passed it’s order, the instant revision petitions were filed against the Order of Family Court which had allowed Interim Maintenance application.
The Court also observed the power of revision should not be exercised for an Interlocutory Order which is passed in any Trial or Inquiry and therefore, a Revision will not be Maintainable against an Interlocutory Order.
The Court also ruled that if an Order is passed in a pending Litigation or the Proceedings do not ultimately terminate the Proceedings and the Rights and Liabilities are not finalized, then such Order shall be deemed to be an interactive one.