IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.219 of 2011 TANWEER ALAM @ TANIVIR ALAM S/O- LATE ABDUL HAQUE, R/O- VILLAGE BHAGWANPUR PATERWA, P.S.- BIRPUR, DISTRICT- SUPAUL. Versus 1. SALMA ANJUM @ BUSHRA ANJUM W/O- TANWEER ALAM D/O- FATEMULLAH. 2. AMAR YASIR, S/O- TANWEER ALAM, ALL R/O- VILLAGE BHAGWANPUR PATERWA, P.S.- BIRPUR, DISTRICT- SUPAUL. ----------- 2 23.02.2011 I.A. No. 357 of 2011 For the reasons stated in the application, the same is allowed. Delay is condoned. This Court permitted the petitioner to argue the case on merit. Heard. While assailing the order, it is contended that the order impugned dated 6.3.2010 was passed by the learned Principal Judge, Family Court, West Champaran, Bettiah in Maintenance Case No. 31 of 2009, without valid service of notice. It is submitted that the petitioner is resident of Supaul district whereas his estranged wife is residing at her Naihar in the district of West Champaran where the present proceeding was lodged and the order was obtained without valid service of notice. Learned Court below has observed as under in paragraph No. 2: “All the processes have been exhausted to procure the attendance of the O.P. but he did not turn up. The case was proceeded ex-parte on 17.9.09.“ If the case of the petitioner is that there was no valid 2 service of notice then he has an option to approach the Court below in terms of provisions contained in Section 126 of the Code of Criminal Procedure for setting aside the ex-parte order. This Court permits the petitioner to file such an application in the Court below within five weeks from today. If such an application is filed, the same shall be considered and disposed of in accordance with law. The application stands disposed of. pkj ( Kishore K. Mandal, J. )