IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1410 of 2008 UDESHWAR YADAV SON OF LATE SARYUG YADAV, RESIDENT OF VILLAGE BISFI, DUDHIA, P.S.- BISFI, DISTRICT- MADHUBANI Versus 1. THE STATE OF BIHAR 2. URMILA DEVI, WIFE OF UDESHWAR YADAV, RESIDENT OF VILLAGE-BISFI, DUDHIA TOLA P.S.- BISFI, DISTRICT- MADHUBANI. For the petitioner : Mr. Sanjay Kumar, Advocate For the O.P. : Mr. Gopal Jha, Advocate. For the State : Mr. Binod Kumar no. 2, APP ----------- 2 29.07.2010 Petitioner is questioning the notice (Annexure-2) issued by the learned Family Judge, Family Court, Madhubani in Maintenance Case no. 70 of 2008 directing his appearance in the case for contesting the application filed by O.P. no. 2 for maintenance. Such prayer has been made on the strength of the averments made in paragraph nos. 5 and 6 of the present application which read as under:- “5. That it is stated that the notice has been issued by the court below without applying his judicial mind and as opposite party herself has admitted in her application that she is getting maintenance of Rs. 2,000/- P.M. upon direction of District Magistrate, Madhubani and as such present application for maintenance has been brought by opposite party only with a view to harass and humiliate petitioner. 6. That it is relevant to mention here that opposite party no. 2 with mala fide intention did not bring true fact only to gain sympathy of learned courts. In fact petitioner has executed a deed of gift for 2 katha land in the favour of son of opposite party no. 2 namely Hari Narayan Yadav which disproves allegation that this petitioner is torturing his son and the opposite party no. 2“ Let the petitioner respond to the notice and file show 2 cause in the court below. This Court is not inclined to interfere with the notice and/or the proceeding. The application has no merit. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )