IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1386 of 2010 MD.AMIR ANSARI @ MINU S/O- ILYAS ANSARI @ ILYAS MISTRI, R/O- MOHALLA- NEW DELLIA, P.S.- DEHRI-ON-SONE, DISTRICT- ROHTAS. Versus 1. TABASSUM ARA D/O- JAMALUDDIN ANSARI 2. SHABAN AKHTAR S/O- MD. AMIR ANSARI @ MINU MINOR BEING UNDER THE UNLAWFUL GUARDIANSHIP OF HIS MOTHER TABASSUM ARA, BOTH RESIDENTS OF MOHALLA NEW DELLIA, P.S.- DEHRI-ON- SONE, DISTRICT- ROHTAS PRESENTLY MOHALLA IMLITAR WARD NO. PURANI SHAHAR P.S.- DAUD NAGAR, DISTRICT- AURANGABAD. ----------- 2 23.09.2010 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner, while assailing the order impugned dated 30.4.2010/13.5.2010 by which ad-interim maintenance in the sum of Rs. 4,000/-, has been directed to be paid for the maintenance of the applicant-wife and her minor son, it is contended that the court below erred in not taking into account that the petitioner had already subscribed an insurance policy in the name of his wife for Rs. 40,000/- and also deposited Rs. 40,000/- in a scheme of Sahara India. The Court below also did not take into account that a sum of Rs. 36,000/- was deposited in the name of wife with the Punjab National Bank. It is next contended that the petitioner has already divorced his wife. Learned trial Court has taken a view that even if the case of divorce is accepted, although yet to be proved on the basis of the evidence to be adduced on behalf of the parties, the petitioner would be liable to pay maintenance until the wife remarries. A perusal of the order indicates that an ad-interim maintenance has 2 been granted. All the issues are, therefore, open to be agitated before the learned trial Court. In that view of the matter, this Court declines to interfere with the order impugned. However, petitioner will be at liberty to raise all these issues before the learned Trial Court and adduce appropriate evidence which shall be considered at the time of final disposal of the case. The application is accordingly disposed of. Since I have considered the matter on merit, the question of limitation pales into insignificance. pkj ( Kishore K. Mandal, J. )