IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.750 of 2008 NARATH RAI @ NARAD RAI, S/O LATE NARAYAN RAI, R/O VILLAGE-SEMRA TOLA DHAT, P.S. CHIRAIYA, DISTRICT-EAST CHAMPARAN. -PETITIONER Versus 1. THE STATE OF BIHAR 2. SUPERINTENDENT OF POLICE, EAST CHAMPARAN AT MOTIHARI, 3. THE OFFICER INCHARGE, CHIRAIYA P.S., EAST CHAMPARAN, AT MOTIHARI. 4. MARACHIA DEVI, D/O SRI JIYALAL RAM, R/O VILLAGE-SEMRA TOLA DHAT, P.S. CHIRAIYA, DISTRICT-EAST CHAMPARAN AT MOTIHARI. 5. JIYALAL RAM, S/O LATE SHEODHAR RAM, R/O VILLAGE- SEMRA TOLA DHAT, P.S. CHIRAIYA, DISTRICT-EAST CHAMPARAN, MOTIHARI. -RESPONDENTS 2 03.03.2009 This application has been filed for issuance of an appropriate writ for quashing the order dated 27.06.2008 passed by the Principal Judge, Family Court, Motihari, in Maintenance Case no. 2 of 2007 whereby it has directed the petitioner’s son to pay maintenance at the rate of Rs.2,600/- per month for the maintenance of his wife and minor son. His further prayer is to direct respondents no.2 and 3 to search the son of the petitioner. Mr. Ram Hirdaya Prasad appears on behalf of the petitioner. Assistant Counsel to Government Advocate 2 appears on behalf of the State. This writ application has been filed by the petitioner, who happens to be the father of Mukesh Roy, who 2 has been directed to pay the maintenance on the ground that he is traceless. The order is directed against his son and as such the writ application at his instance is absolutely misconceived. It seems that only to avoid maintenance to his daughter in law this remedy has been resorted to. Further the order passed by the Family Court in a proceeding under Section 125 of the Code of Criminal Procedure can be challenged under Section 19 of the Family Court Act. In my opinion, this writ application is absolutely mala-fide and dismissed with cost of rupees five thousand to be paid by the petitioner to the Patna High Court Legal Services Committee within two weeks. (C.K. Prasad, ACJ.) AAhmad