IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11473 of 2010 DR. UJWAL KUMAR MISHRA @ UJWAL KUMAR MISHRA S/O SRI HARI KRISHNA MISHRA, R/O MOHALLA- TIN BAZER CHOWK (TELIPORA), DUMKA, POST- DUMKA, TOWN+DIVISION- DUMKA, DISTT.- DUMKA, STATE- JHARKHAND………………………….PETITIONER VERSUS SUDHA RANI W/O INDU BHUSHAN, D/O CHANDRESHWAR PRASAD NARAYAN MISHRA, C/O SRI SUNIL KUMAR J.K.S.D/21, B.N.MAHTO ROAD (INFRONT OF RAM LAKHAN MAHTO FLAT-8), OLD JAKKANPUR, P.S.- JAKKANPUR, DISTT.- PATNA………………………………….RESPONDENT ----------- 02/ 08.09.2010 Heard learned counsel for the petitioner. This writ petition has been filed by the petitioner challenging order dated 03.03.2009 by which the Principal Judge, Family Court, Patna, directed the petitioner to pay monthly maintenance of Rs.3,300.00 to the respondent by 7th day of each month with effect from the date of filing of the application under section 24 of the Act in Matrimonial Case No.60 of 2008 filed by the petitioner for dissolution of his marriage with the respondent and also to pay the cost of litigation amounting to Rs.10,000.00. Learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to move before the court below for early disposal of his application dated 02.01.2008 filed for withdrawal of the said matrimonial case, as according to the petitioner he had subsequently learnt that his wife was already married to another person and hence, her marriage with the petitioner was not legal and valid. In the said circumstances, as prayed for, this writ petition is disposed of as - 2 - withdrawn with the aforesaid liberty. However, if the petitioner moves before the court below along with a copy of this order within fifteen days from today, the court below shall decide the said application on merits in accordance with law within two months thereafter. It may be noted that order of the court below dated 03.03.2009 should be immediately complied by the petitioner within one month from today. Harish (S.N. Hussain, J.)