IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.573 of 2008 1. JARINA KHATOON W/O JAINUDDIN AHMAD 2. MD. AZHARUDDIN --- PETITIONERS. Versus 1. STATE OF BIHAR 2. JAINUDDIN AHMAD S/O AJONULLAH --- OPP. PARTIES. ----------- 03 27.08.2010 Heard both sides. Learned counsel for the petitioners submits that the view taken by the Court below is erroneous in view of the judgment of Hon’ble Supreme Court rendered in the case of (Shabana Bano vs. Imran Khan) 2009 AIR SCW 7490 ~ 2010 (1) SCC 666, as also a judgment of this Court in the case of (Musarat Jahan & Anr. vs. The State of Bihar & Anr.) 2008(1) PLJR 836. Learned counsel appearing on behalf of the opposite party no. 2 submits that the wife carries a questionable character, and as such, she, in the facts and circumstances of the case, is not entitled to maintenance. I have considered the submissions advanced on behalf of the parties and perused the materials placed on record including the judgments cited by the learned Counsel for the petitioners, I am convinced that the matter requires reconsideration by learned Family Court. It seems that the judgments cited at the Bar were not taken into account while passing the impugned order. Learned Court below is thus required to once again consider the matter afresh in accordance with law. Consequently the order impugned dated 11.03.2008 passed by learned Principal Judge, Family Court, Gopalganj in Misc. case no. 97 of 2007 (Tr. No. 460 of 2007) is set aside and the matter is remitted back to the Court below for hearing the parties and deciding the case afresh keeping in view the law laid down by the Hon’ble Supreme Court in the case noted above. The application is allowed in aforesaid terms. Sym ( Kishore K. Mandal, J.)