The main legal point established is that interim maintenance orders are interlocutory and subject to revision under Section 19(4) of the Family Court Act.

Heard learned counsel for the petitioner, learned counsel for O.P. No.2 as well as learned APP for the State.

2. Husband/petitioner has challenged the order dated 10.03.2011 passed by Principal Judge, Family Court, Bhojpur at Ara in Cr. Misc. (Maintenance) case No. 102/2008 whereby and whereunder petitioner/husband has been directed to pay Rs. 6,000/- per month in lieu of interim maintenance to be effective from date of passing or order as well as Rs. 4000/- as litigation cost.

3. After hearing both sides, it is apparent that the status of the parties are admitted one. It is further found admitted regarding birth of a minor girl child out of wedlock. It is also apparent that on account of marital discord, disharmony criminal cases as well as suit in terms of Section-7(1) as well as 2 (present one) of the Family Court Act is being fought amongst the parties. It has also been divulged that during hearing of anticipatory bail petition filed on behalf of husband vide Cr. Misc. No. 30002/2008 in a case criminal case under Section 498A IPC Cr.P.C along with other allied Sections filed by the wife, Rs. 2000/- was granted in favour of wife right from institution of the police case.

4. Having marital life full of pitchiness even perceived by the spouses did not stop them from standing at rivage, and under peal of such acrimoniousness , it has been pleaded on behalf of husband/petitioner that the ground of interim maintenance is bad because of the following:-

a. The wife on her own deserted the husband/petitioner without any cogent and justified reason.

b. She is suffering from mental disorder.

c. A divorce suit is pending filed on behalf of husband/petitioner on the aforesaid plea.

d. The amount is exorbitant one in the background of the salary statement which husband/petitioner is getting.

5. As such, it has been submitted that grant of interim maintenance by the learned lower court is bad and illegal.

6. On the other hand, the learned counsel for O.P. No.2 has submitted that a proceeding under Section 125 Cr.P.C. is a summary proceeding wherein only, prima facie, evidence adduced on behalf of respective parties are to be looked into, subject to final authority over the issue by the competent court. It has further been submitted that though wife has got a reasonable explanation for staying away from the matrimonial life on account of torture and having been kicked out therefrom and for that, the husband is guilty of his own fault compelling the wife to stay away. By pleading that wife suffers from mental disorder is another circumstance which exposes how the husband in calculated manner is embordering the wife from his life. Pendency of divorce suit is not at all found obstacle in between because of the fact both are two different kind of litigation, deals with two different streams without overlapping each other save and except in terms of 127(2) Cr.P.C. From the salary statement itself, it is evident that husband is a Government servant and is enjoying the usufruct thereof by having annual increment in his salary along with DA as well as bonanza as per report of Finance Commission. Therefore, prayer of the husband/petitioner for the present is against the legislative intent.

7. Apart from above referred grounds, during course of argument a noticeable point has been raised on behalf of wife, O.P. No.2 with regard to maintainability of instant revision petition. It has been submitted on behalf of O.P. No.2 that the order impugned being interim in nature is absolutely beyond the purview of revisional jurisdiction because of the fact that interim maintenance is an interlocutory arrangement subject to merger with the final adjudication. The order impugned is identifiable only during course of pendency of the proceeding having a scope of modification. Being an interim measure having its only object to provide some sort of subsistence allowance during pendency of main proceeding in the background of absence of source of livelihood to the applic