Ruby KumariversusManoj Kumar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Miscellaneous Appeal No.101 of 2026
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                 Ruby Kumari Wife of Manoj Kumar, Daughter of Shailender Kumar Pandit
                 Resident of Mohalla- Manpur, Kumhar Tolo, Gore Road, Near Harijan
                 Dharmshala, P.S.- Buniyadganj, District- Gaya.

                                                                         ... ... Appellant/s
                                                 Versus
                 Manoj Kumar Son of Bhola Prajapat Resident of Village- Manipar Nigri, P.S.-
                 Dhobhi, District- Gaya.

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Appellant/s    :     Mr.Rabia Gulnaz, Adv.
                 For the Respondent/s   :     Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
                         and
                         HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH )

4   03-04-2026            1. The instant Miscellaneous Application under Section

                   19(1) of the Family Court’s Act 1984 has been preferred by the

                   appellant (wife) against the order dated 07.05.2025 passed by

                   learned Principal Judge, Family Court, Gaya in Maintenance

                   Case No.66 of 2019 under Section 125 of the Cr.P.C. to the

                   extenct whereby the learned Family Court did not allow

                   maintenance to the son of petitioner.

                          2. On the matter being taken up, at the outset, learned

                   counsel for the appellant submits that the Full Bench of this

                   Court in the case of Dr. Dilip Kumar Sharma @ Dilip Sharma

                   Vs. The State of Bihar and Ors. [2024 SCC OnLine Pat 8236 :

                   2025 (1) BLJ 1] has held that the order passed under Section
            Patna High Court MA No.101 of 2026(4) dt.03-04-2026
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                      125 of the Cr. P.C. is not an ‘interlocutory order’, but an

                      ‘intermediate / quasi final order’, hence remedy of criminal

                      revision would be available qua both the interim and final order

                      under Section 125 to 128 of the Cr. P.C.

                              3. She further submits that in the light of the aforesaid

                      Full Bench judgment, the appellant does not want to press this

                      Miscellaneous Appeal, therefore, she may be allowed to

                      withdraw this Miscellaneous Appeal with liberty to file criminal

                      revision against the order dated 07.05.2025.

                              4. In view of the above, the instant Miscellaneous Appeal

                      is dismissed as withdrawn with liberty to the appellant to file

                      criminal revision.

                              5. Office is directed to return the Vakalatnama and

                      certified copy of impugned order dated 07.05.2025 to the

                      learned counsel for the appellant within three days after

                      retaining the xerox copy of the same on record.



                                            (Sanjay Kumar Singh , J)


                                               ( Sourendra Pandey, J)
pallavi/-

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