IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.113 of 2009 UPENDRA PRASAD SINGH Versus RINA KUMARI & ANR 3 03.02.2009 Heard Mr. Sanjay Prasad, learned counsel for the petitioner. The petitioner is aggrieved by the order dated 20.10.2008 passed by the Principal Judge, Family Court, Nalanda at Biharsharif, whereby the opposite party petitioner has been directed to pay Rs. 500/- to opposite party no. 1 per month by way of maintenance exercising its power under Section 125 of the Code of Criminal Procedure(hereinafter to be referred to as “Code”). In Raj Kumar Sah v. The State of Bihar and Anr., reported in 2008(4) Patna Law Journal Reports, 817, a Division Bench of this Court, of which I was also a Member, has held that against the order passed by the Family Court in an application under Section 125 of the Code, a revision application under Section 19(4) of the Family Court Act, 1984 is fit to be registered as Criminal Revision and not as Civil Revision. I, thus, hold that this Civil Revision application is not maintainable in view of the aforesaid decision of the Division Bench of this Court. However, as prayed for, the petitioner is granted liberty to convert this Civil Revision application into a Criminal Revision within two weeks, failing which, this application shall stand rejected without further reference to a Bench. SC (Dr. Ravi Ranjan, J) - 2 -