IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 233 of 2009 With Stay Vacation App. No. 238/2005 Sri Sunil Kumar, S/o Om Singh ……….. Petitioner. Versus Smt. Indresh Devi & another. ………. Respondents …………….. Mr. Siddarth Sah, Advocate for the petitioner. Mr. Rajendra Singh, Advocate for the respondents. Hon’ble J.C. S. Rawat. J. Mr. Siddarth Sah, Advocate for the respondents. Mr. Rajendra Singh, Advocate for the respondents. 2. The present petition has been preferred by the petitioner to seek a writ, order or direction in the nature of certiorari to quash the order dated 30.07.2004 passed by the Addl. Jude Family Court, District Haridwar in Case No. 65/2004 titled as Smt. Indresh Devi & another Vs. Sunil Kumar by means of which the application of respondent nos.1 & 2 filed u/s 125 Cr. P.C. for interim maintenance has been allowed and the petitioner was directed to pay a sum of rupees 1500 per month to respondent no.1 and rupees one thousand per month to respondent no.2, in all, rupees 2500 per month was allowed as interim maintenance form the date of the impugned order. 3. Feeling aggrieved by the aforesaid order, the petitioner preferred this petition before this Court. 4. The learned counsel for the respondents raised a preliminary objection that though the petitioner has an efficacious remedy available under the provisions of the Criminal Procedure Code i.e. u/s 482 Cr. P.C. but he has opted to file this petition and he has not availed the remedy available u/s 482 Cr.P.C., as such the petitioner is not maintainable. 5. After going through the record, the impugned order of the trial court and the provisions of the Criminal Procedure Code, I find that other efficacious and alternative remedy is available to the petitioner u/s 482 Cr. P.C, hence, the petitioner should have filed a petition u/s 482 Cr. P.C. before the competent court. Thus, the petition is not maintainable. 6. In view of above, the petition is liable to be dismissed and is hereby dismissed. The stay vacation application stands disposed of accordingly. However, if the petitioner wants to file a petition u/s 482 Cr. P.C. before the competent court, he will be at liberty to file the same before the competent court. (J.C.S. Rawat, J.) 12.05.2009 V.K.