Patna High Court

Sakshi SumanversusRanveer Kumar

Decided: 19 March 2026
Disposal: WITHDRAWN
Bench: SANJAY KUMAR SINGH SOURENDRA PANDEY

Holding

The appeal is dismissed as withdrawn, with liberty to the appellants to file a criminal revision against the order dated 02‑05‑2025.

Summary

The appellants, a wife and her daughter, filed a Miscellaneous Application under Section 19(1) of the Family Courts Act, 1984, challenging an order dated 02‑05‑2025 that enhanced the maintenance amount granted under Section 125 of the Criminal Procedure Code. Relying on a Full Bench decision in Dr. Dilip Kumar Sharma v. State of Bihar, they argued that an order under Section 125 is not merely interlocutory but an intermediate/quasi‑final order, making a criminal revision the appropriate remedy. The appellants sought permission to withdraw the present appeal and instead pursue a criminal revision. The Patna High Court dismissed the appeal as withdrawn, granting the appellants liberty to file a criminal revision against the maintenance order. The court also ordered the return of the vakalatnama and a certified copy of the impugned order to the appellants' counsel.

Issues considered

Whether an order passed under Section 125 of the Criminal Procedure Code is an interlocutory order or an intermediate/quasi‑final order for the purpose of filing a criminal revision.
Whether the appellants may withdraw the Miscellaneous Appeal and instead file a criminal revision against the maintenance order.

Legislation cited

Code of Criminal Procedure, 1973 — s. 125, 126, 127, 128
Family Courts Act — s. 19(1)

Subjects

maintenance
Section 125 CrPC
Family Courts Act
criminal revision
interlocutory order
appeal withdrawal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Miscellaneous Appeal No.127 of 2026
                 ======================================================
           1.     Sakshi Suman, d/o Mahesh Prasad Singh, Resident of Village Shiv Kumari
                  Pahad, Ward no 16, PS Kahalgoan, District Bhagalpur.
           2.    Sanvi Priya, D/o Ranveer Kumar, Resident of Village Shiv Kumari Pahad,
                 Ward no 16, PS Kahalgoan, District Bhagalpur.
                                                                        ... ... Appellant/s
                                                  Versus
           1.    Ranveer Kumar, Son of Narad Prasad Mandal, Resident of Vill Shiv Kumari
                 Pahad, Ward no 16, PS Kahalgoan, Distt Bhagalpur.
           2.    Air HQ (VB) Rafi Marg, New Delhi 110106 through Union of India.
           3.     AFCAO (S Accts O) Subroto Prak, New Delhi, Pin 110010 through Union
                  of India.
                                                                    ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s   :      Mr. Swapnil Kumar Singh, Advcoate
                 For the UOI           :      Mr. Sanjeev Kumar, CGC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
                         and
                         HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH )

2   19-03-2026                  1. The instant Miscellaneous Application under

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

                   by the appellants (wife and daughter of respondent no. 1)

                   against the order dated 02.05.2025 seeking enhancement of

                   maintenance amount granted by the Principal Judge, Family

                   Court while allowing their application under Section 125 of the

                   Cr.P.C.

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

                   counsel for the appellants submits that the Full Bench of this

                   Court in the case of Dr. Dilip Kumar Sharma @ Dilip Sharma
           Patna High Court MA No.127 of 2026(2) dt.19-03-2026
                                                       2/2




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

                     8236 : 2025 (1) BLJ 1] has held that the order passed under

                     Section 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. He further submits that in the light of the aforesaid

                     Full Bench judgment, the appellants do not want to press this

                     Miscellaneous Appeal, therefore, they may be allowed to

                     withdraw this Miscellaneous Appeal with liberty to file criminal

                     revision against the order dated 02.05.2025.

                                  4. In view of the above, the instant Miscellaneous

                     Appeal is dismissed as withdrawn with liberty to the appellants

                     to file criminal revision.

                                  5. Office is directed to return the Vakalatnama and

                     certified copy of impugned order dated 02.05.2025 to the

                     learned counsel for the appellants within three days after

                     retaining the xerox copy of the same on record.



                                           (Sanjay Kumar Singh , J)


                                              (Sourendra Pandey, J)
manoj/aditya-
U

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