IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.410 of 2011 RAMAYAN SAH SON OF MOTILAL SAH, RESIDENT OF VILLAGE-BAUDHA, P.S. SUGAULI, DISTRICT EAST CHAMPARAN AT MOTIHARI ….PETIIONER Versus 1. THE STATE OF BIHAR 2. ANITA KUMARI, WIFE OF RAMAYAN SAH, DAUGHTER OF BHULAN SAH, RESIDENT OF VILLAGE-BODHA, P.S. SUGAULI, DISTRICT EAST CHAMPARAN AT MOTIHARI …OPPOSITE PARTIES. ----------- 02. 07.04.2011 Although the application was listed under the heading ‘for orders on petition’ for consideration of the limitation application, this Court permitted the petitioner to make submission on merit to which he agreed. Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by order dated 03.11.2010, passed by learned Principal Judge, Family Court, Motihari in Maintenance Case No. 45 of 2006, whereby on a consideration of materials on record including the show cause submitted by the petitioner in the said proceeding, a sum of Rs.3000/- has been directed to be paid to the applicant(wife) as ad interim maintenance. It is contended on behalf of the petitioner that he has denied the status of o.p.n.2 as his legally wedded wife. It appears that the applicant(wife) has male child also to support. On being prima facie satisfied with the case of the petitioner(o.p.no.2), the court has passed an order directing payment of ad-interim maintenance. The whole issue is yet to be 2 decided by learned court below based on the evidence to be brought on behalf of the parties. Considering the fact that only ad interim maintenance has been directed to be paid after affording opportunity of hearing to both sides, this Court is not inclined to interfere with the order impugned. This Court, however, clarifies that grant of ad interim maintenance shall not prejudice the case of the petitioner or the opposite party at the time of final disposal of the proceeding pending before the court below. Let the proceeding be finally decided expeditiously. The application stands disposed of. Since I have considered the application on merit, the issue of limitation pales into insignificance. hr ( Kishore K. Mandal )