IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1237 of 2009 Afzal Hussain, son of Late Md. Vakil, resident of village-Balua, P.S.-Kundwa Chainpur, District- East Champaran. Versus 1. The State Of Bihar. 2. Afgana Khatoon, D/o Athar Hussain, resident of village- Balua, P.S.-Kundwa Chainpur, District- East Champaran. ----------- 2. 09.09.2011 The husband petitioner has preferred this revision application against the order dated 1.06.2009 passed by the learned Principal Judge, Family Court, Motihari in Maintenance Case No.346/08 by which the petitioner has been directed to pay a sum of Rs.3300/-per month to his wife for the maintenance of herself and two minor sons. Learned counsel for the petitioner submits that the impugned order has been passed ex-parte without hearing the petitioner. The petitioner is not in a position to pay the amount of maintenance to the opposite party no.2. Mr. Bipin Kumar, the learned counsel for the State submits that it is an ex-parte order and the petitioner should have filed a petition before the learned Principal Judge, Family Court, Motihari under Section 126 (2) of the Cr.P.C. for setting aside the ex-parte order. After hearing the learned counsel for both the 2 parties, it appears that the impugned order has been passed ex-parte. It further appears that after service of notice, the petitioner did not appear. It further appears that the wife- opposite party no.2 has examined four witnesses and they have supported the case of the wife. I do not find any ground to interfere with the impugned order. This petition is dismissed. V.K. Pandey ( Amaresh Kumar Lal, J.)