PATNA, India, Aug. 4 -- Patna High Court issued the following judgment on July 15:

1. The petitioner is the husband of Opposite Party. Their marriage was solemnized on 8th of May, 2007. In the month of January, 2023, the Opposite Party filed an application under Section 125 of the Code of Criminal Procedure, praying for maintenance allowance, alleging, inter alia, that after solemnization of her marriage with the petitioner, it was consummated and in the wedlock, she gave birth to a male child, who is aged about 16 years. The petitioner deals with a catering business and earns Rs. 5 to 6 lakhs per year. It is also alleged that the petitioner is addicted to liquor and in the influence of intoxication, he used to treat the Opposite Party with cruelty. On 10th of December, 2023, he drove her away from her matrimonial home, when she demanded some money to buy medicine. Again, she stated that she has been residing with her parent since 10th of December, 2018. It is also pleaded that the petitioner has no source of income. Therefore, she demanded a sum of Rs. 30,000/- as maintenance per month and Rs. 15,000/- as interim maintenance till the disposal of the application under Section 125 of the Cr.P.C.

2. By an order, dated 23rd of August, 2024, the learned Principal Judge, Family Court, Muzaffarpur passed an order of ad interim maintenance to be paid by the petitioner in favour of the Opposite Party at the rate of Rs. 10,000/- per month within 10th day of each succeeding month till the final disposal of the application under Section 125 of the Cr.P.C.

3. The said order is under challenge in the instant revision.

4. The learned Advocate appearing on behalf of Opposite Party, at the outset, submits that Criminal Revision under Section 397 read with Section 401 of the Cr.P.C. is not maintainable against an order of ad interim maintenance.

5. In support of his contention, he refers to an unreported decision of this Court of a learned Single Judge, passed in Criminal Revision No. 623 of 2011 on 29th of November, 2013.

https://patnahighcourt.gov.in/viewjudgment/NyMxMDM5IzIwMjQjMSNO-WsuPYh4aTuQ=

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