Is Revision Petition Maintainable Against Interim Maintenance Order? Patna HC Refers Issue To Full Bench [Read Order]

The Patna High Court has referred to the full bench the issue whether a revision petition against an interim maintenance order passed under second proviso of Section 125 of the Code of Criminal Procedure, is maintainable?

The bench comprising Justice Hemant Kumar Srivastava and Justice Partha Sarthy also referred the issue whether an interim maintenance order passed is an interlocutory order or an intermediate order?

The bench opined that the interim maintenance order passed under second proviso of Section 125 of the Code of Criminal Procedure can be revised under Section 19(4) Family Courts Act. However, it noticed a judgment by another bench, in which it concluded that revision under Section 19(4) of the Family Courts Act, 1984, against the interim maintenance order passed under second proviso of Section 125 of Code of Criminal Procedure is not maintainable.

While referring the matter, the court opined:

"Admittedly, an interim order under second proviso of Section 125 of the Code of Criminal Procedure is passed during pendency of petition filed under Section 125(1) of the Code of Criminal Procedure. The second proviso of Section 125 of the Code of Criminal Procedure has been brought on statute book to give instant relief to the applicant but the interim order, admittedly, decides rights and liabilities of the respective parties. No doubt, before passing interim order under Section 125 of the Code of Criminal Procedure, there is no need of formal proof of the claim of the applicant but the interim maintenance order passed under second proviso of Section 125 of the Code of Criminal Procedure, prima facie, decides rights and liabilities of the parties. Furthermore, the interim maintenance order passed under second proviso of Section 125 of the Code of Criminal Procedure can be altered from time to time. Similarly, the order passed under Section 125(1) of the Code of Criminal Procedure can also be altered at subsequent stage, if the circumstance demands.

Furthermore, I find that if a person against whom the order of interim maintenance has been passed fails without sufficient cause to comply with the order of the Court, coercive steps may be taken against him. The order passed under second proviso of Section 125 of the Code of Criminal Procedure appears to be an interlocutory order on its very face but as to whether in true sense the order passed under second proviso of Section 125 of the Code of Criminal Procedure is an interlocutory order or not, it has to be seen." 

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