IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.101 of 2026 ====================================================== 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 ====================================================== 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 2/2 125 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 In view of the above, the instant Miscellaneous Appeal is dismissed as withdrawn with liberty to the appellant to file criminal revision. 5.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. pallavi/- (Sanjay Kumar Singh , J) ( Sourendra Pandey, J) U