IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.644 of 2008 SRI BINAY KUMAR Versus USHA DEVI & ORS ----------- 3 22.9.2008 Heard Counsel for the petitioner. In the opinion of this Court, the impugned order in this application granting ad-interim maintenance under Section 125 of the Code of Criminal Procedure cannot be faulted either on fact or in law. The only submission of the Counsel for the petitioner that since the petitioner had shown his willingness to keep his wife, the court below ought to have not straightway passed the impugned order is to be only noticed for its being rejected. From perusal of the application filed by the wife-opposite party (Annexure-1) averments whereof were not even denied by the petitioner, which it becomes clear that ever since 1992 when the petitioner got a job of Constable, he was harassing his wife to no uncertain end. Infact an order was passed on 18.11.2005 by Mr. Anil Narayan Singh, Deputy Secretary, Government of Jharkhand that as the petitioner was not maintaining either his wife or his mother (mother-in-law of the opposite party), they should file a case for maintenance before the competent Court. As a matter of fact, this maintenance case came 2 to be filed only on that ground. In a situation like this when, the maintenance case is continuing and would definitely consume time for its disposal, the approach of the Court below in passing an order for payment of ad- interim maintenance has to be appreciated. Such order in fact would enable the wife and dependant children to survive till a final order is passed. That being so, this Court does not find any reason to interfere in the impugned order and this civil revision application is accordingly dismissed with a direction to the petitioner to pay the arrears and current amount of maintenance as directed in the impugned order within a period of fifteen days from the date of receipt/production of a copy of this order failing which the controlling authority of the petitioner in Jharkhand Police will be under obligation to deduct the amount in question from his salary and deposit the same in the bank account of the wife-opposite party religiously and punctually every month, along with the amount of arrears. With the aforementioned observations and directions, this civil revision application is hereby dismissed. Rsh (Mihir Kumar Jha, J.)