IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.742 of 2011 Manoj Kumar Pathak son of Shri Aditya Narayan Pathak, resident of 106, Survey View Park, P.S. Chinsurah, District Hoogly (W.B) ……..Petitioner Versus Kanchan Mishra @ Kanchan Pathak daughter of Arun Kumar Mishra, resident of Mohalla Nayagaon Jamalpur, P.S. East Colony, District Munger …..Opposite Party ---------------------------------- 3. 30.11.2011 Learned counsel for the petitioner and learned counsel for the opposite party are present. The husband-petitioner has preferred this revision application under Section 19(4) of the Family Courts Act, against the order dated 02.05.2011 passed by learned Principal Judge, Family Court, Munger, in Maintenance Case No. 24 of 2010 by which the petitioner has been directed to pay a sum of Rs. 4000/- per month as maintenance to h is wife Kanchan Mishra @ Kanchan Pathak. The main grievance of the petitioner is that he did not get the opportunity to contest the case and the impugned order has been passed ex-parte. He has further submitted that in pursuance to the impugned order, the petitioner has been paying a sum of Rs. 4000/- per month to opposite party No. 2 and he has also paid Rs. 40, 000/- in pursuance to the promise made by him in Cr. Misc. No. 2 23574 of 2011 which has been disposed of by this Court on 09.08.2011. It has also been submitted that distress warrant of arrest has been issued in Maintenance case vide order dated 20th September, 2011 for realization of the amount of Rs. 24,000/- as due of maintenance amount. It is submitted that the petitioner will deposit this amount within two months from today. The learned counsel for the opposite party submits that the opportunity had been given to the petitioner for contesting the case but he did not appear and later on for recalling the ex-parte order he filed a petition dated 22.11.2010 which has been rejected vide order dated 2nd February, 2011 passed by the Principal Judge. After hearing learned counsel for both the parties and considering the facts and circumstances of the case, the petitioner is granted a liberty to contest the case at a cost of Rs. 3000/- which will be paid by the petitioner at the time of filing show cause before the learned Principal Judge, Family Court. The petitioner will be at liberty to file his show cause in the maintenance case No. 24 of 2010 and both the parties will be entitled to adduce 3 the evidence in support of their claim. Thereafter, the learned Principal Judge, Family Court will consider the case and pass a fresh order. Till any fresh order is passed by the learned Principal Judge, Family Court, the impugned order will remain in force. With the aforesaid direction and observation, this revision application stands disposed of. Saif/- (Amaresh Kumar Lal, J.)