IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.767 of 2011 Akbar Ali @ Ali Akhtar son of Gulamuddin, R/o village Dumaria, P.O. Sakhey, P.S. Uchkagaon, Gopalganj..Petitioner Versus 1. The State Of Bihar 2. Shamima Khatoon wife of Ali Akbar, daughter of Late Nur HassanR/o village Kashavpur Kodar, P.S. Thawe, Dist.Gopalganj ….O.Ps. ---------------------------------- 3 29.08.2011 The petitioner has preferred this revision application under section 19(4) of the Family Court Act against the order dated 7th August 2010 passed by the learned Principal Judge, Family Court, Gopalganj, in Misc. Case No. 28 of 2010 by which the petitioner has been directed to pay a sum of Rs. 3000/- per month as maintenance to his wife Shamima Khatoon O.P. no.2. The main contention of the learned counsel for the petitioner is that he is not able to pay the amount of maintenance and the order has been passed exparte. Learned counsel for the O.P. No. 2 has submitted that the petitioner has not been maintaining his wife since the year 2009 and the petition is also barred by limitation. Learned counsel for the petitioner has further submitted that the petitioner is ready to pay a sum of Rs. 10,000/- within two weeks from today to his wife the O.P. no.2 in the court of learned Family Court and will file a petition under section 126(2) Cr.P.C. for setting aside the exparte order. After hearing the learned counsel appearing for both the parties and on perusal of the impugned order, I do not find any ground to interfere with the impugned order. The petitioner is at liberty to file a petition under section 126 (2) Cr.P.C. before the 2 learned Principal Judge Family Court, Gaopalganj subject to condition that he will pay a sum of Rs. 10,000/- to his wife within two weeks and till further order passed by the learned Principal Judge, Family Court, Gopalganj, he will continue to pay a sum of Rs. 1500/- per month. With the above direction and observation this petition stands disposed of. I.A. No. 1406 of 2011 for the condonation of delay in filing the Criminal revision also stands disposed of. M.Rahman (Amaresh Kumar Lal, J)