IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.102 of 2011 Md. Sajjad @ Md. Shahzad Versus The State Of Bihar & Anr. For the petitioner: Mr.F.A.Khan, Advocate. For the O.P.s: Mr.Ajay Kumar, I. 2 25.10.2011 Heard learned counsel for the petitioner as well as the opposite parties. The petitioner who is the husband of opposite party no.2 has preferred this revision application against the Judgment and order dated 6.12.2010 passed by the Principal Judge, Family Court, Darbhanga, in Maintenance Case No.49/09 by which the petitioner has been directed to pay to his wife ( O.P.No.2) a sum of Rs.2000/- and Rs.300/- to his minor son as maintenance. 2. The main contention of the learned counsel for the petitioner is that the petitioner was the husband of the O.P.No.2. She was divorced and thereafter she remarried to another person, namely, Abdul Quddus son of Md. Jalil resident of Village- Bishanpur, P.S. Benipatti, District- Madhubani , on 13.5.2010 and as such she is not entitled to get the maintenance from the petitioner.He has further submitted that he has also filed a petition dated 18.8.2010 before the court of learned Principal Judge, Family court, Darbhanga that O.P.no.2 has remarried and a copy of the petition was also given to the learned counsel for the O.P. no.2. But that has not been considered by the learned Principal Judge. He has further submitted that he has been paying a sum of Rs.300/- per month for maintenance to his minor son. Whether the O.P.no.2 has remarried or not this fact cannot be resolved 2 in this application. This petition is being disposed of with liberty to the petitioner to file application under section 127 Cr.P.C. before the learned Principal Judge, Family Court, Darbhanga, within a period of four weeks from the date of receipt/production of a copy of this order. However, it is made clear that in the meantime no coercive step will be taken against the petitioner for the realization of the amount of the maintenance. This revision petition, accordingly, stands disposed of. AnilKrSinha (Amaresh Kumar Lal,J.)