Patna High Court
MA/376/2026 of Dharmendra Singh Vs Priyanka Devi on 16 June 2026
COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.376 of 2026 ====================================================== Dharmendra Singh Son of Umesh Singh, Resident of Village- Parmeshri, P.O.- Vairiya, P.S.- Mali, District- Aurangabad (Bihar). ... ... Appellant/s Versus Priyanka Devi Wife of
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.376 of 2026
======================================================
Dharmendra Singh Son of Umesh Singh, Resident of Village- Parmeshri, P.O.- Vairiya, P.S.- Mali, District- Aurangabad (Bihar).
... ... Appellant/s
Versus
Priyanka Devi Wife of Dharmendra Singh, Resident of Village- Parmeshri, P.O.- Vairiya, P.S.- Mali, District- Aurangabad, Bihar, At present- D/o Yugal Singh, Resident of Village- Tetarain, P.S.-Simara, District- Aurangabad (Bihar).
... ... Respondent/s
Appearance :
For the Appellant/s
:
Mr.Shailesh Kumar Singh
For the Respondent/s
:
Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
and
HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
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ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH )
16-06-2026
1. The instant Miscellaneous Application under Section 19(4) of the Family Court’s Act 1984 has been preferred by the appellant (husband) against the order dated 21.09.2024, 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 Patna High Court MA No.376 of 2026(2) dt.16-06-2026
‘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 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 21.09.2024.
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 In view of the above, the instant Miscellaneous Appeal is dismissed as withdrawn with liberty to the appellant to file criminal revision.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 21.09.2024 to the learned counsel for the appellant within three days after retaining the xerox copy of the same on record.
Prakash/- (Sanjay Kumar Singh , J) (Rana Vikram Singh, J) U