IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.783 of 2007 MD.ASHFAQUE @ ASHFAQUE Versus NOOR JAHAN ----------- 2 25/8/2008 Heard counsel for the petitioner. In the opinion of this Court the impugned order directing the petitioner to pay a sum of Rs.1,000/- for the wife and Rs. 1,000/- each for the minor children, does not suffer from any jurisdictional error or material irregularities. This Court would find only plea that the petitioner denied amount of maintenance of his wife on the ground that he being Muslim had divorced his wife and therefore he was protected by the provisions of Section 3 of the Act. Unfortunately, before the court below nothing was adduced by way of evidence by the petitioner to support this fact allegedly asserted by him in the written statement. In that view of the matter, if the court below has rejected the plea of divorce of the petitioner, this Court would not find any error in such approach. Counsel next contended that the children are living with him and as such there was no question of payment of maintenance for those children as has been granted by the court below. When this Court had a querry aas to whether this fact was stated by him anywhere, counsel has again referred to the written statement. This Court however on perusal would find that nothing has been said in the written statement regarding such plea which is sought to be taken now. 2 At this stage, counsel has however submitted that the petitioner was not given reasonable opportunity to contest the case because the proceedings stood transferred from the original court and thereafter the petitioner or his counsel had no knowledge about the said proceedings. If that be so, the petitioner had his remedy under section 126(2) of the Cr.P.C. That however will not be a ground to assail the order before this Court. Counsel has finally submitted that in the changed situation the impugned order can not be sustained. This Court would not entertain such plea because in that event the only remedy for the petitioner seeking certain amendment in the order on account of subsequent event, would be to invoke the provisions of Section 127 of the Cr.P.C. Accordingly, this application for the reasons indicated above is dismissed with a cost of Rs. 2,500/- to be paid within a period of one month from the date of the receipt and/or production of a copy of this order. ( Mihir Kumar Jha, J. ) Abhay Kumar