Md. Mansur Alam @ Md. Mansur v. Ajmeri Begum
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.1054 of 2025 ====================================================== Md. Mansur Alam @ Md. Mansur S/o Nyamuddin Miya R/o Vill.- Barun, P.O. and P.S.- Surajpura, District- Rohtas, Bihar. ... ... Appellant/s
Versus
Ajmeri Begum W/o Md. Mansur Alam R/o Vill.- Barun, P.O.- Surajpura, Surajpura, District- Rohtas, Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Rajiv Ranjan Kr. Pandey 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 ) 10-03-2026
1. The instant Miscellaneous Application under Section 19(1) of the Family Court's Act 1984 has been preferred by the appellant (husband) against the order dated 16.10.2025, whereby application under Section 125 of the Cr.P.C. of respondent (wife) has been allowed.
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 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
Patna High Court MA No.1054 of 2025(2) dt.10-03-2026 2/2 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 appellant does not want to press this Miscellaneous Appeal, therefore he may be allowed to withdraw this Miscellaneous Appeal with liberty to file criminal revision against the order dated 16.10.2025.
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 In view of the above, the instant Miscellaneous Appeal is dismissed as withdrawn with liberty to the appellant to file criminal revision.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 16.10.2025 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) Saif/- U