IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.52809 of 2007 SURENDRA KUMAR SINGH, son of Sri Ghura Singh, Resident of Daudngar, P.S. Daudnagar, Dist. Aurangabad ...Petitioner Versus 1. THE STATE OF BIHAR & 2. Smt. Sharda Devi Daughter of Sri Amar Singh, Resident of village- Dora, P.S. Rampur Chauram, District- Arwal . ..Opposite Parties ----------- 3/ 09.04.2010 No one appears on behalf of the petitioner and the opposite party no.2. This application has been filed for quashing the order dated 25.9.2007 passed by the Principal Judge, Family Court, Jehanabad, in Cr. Revision No.32 of 2005/ 04 of 2006, by which he has affirmed the order passed by the Judicial Magistrate 1st class, Jehanabad, in Case No. 35 of 2002, by which he has allowed maintenance to the opposite party no.2. The case of the parties, in short, is that the petitioner and opposite party no.2 were legally married to each other but there was some marital discord on account of which both the parties are living separately since 18.6.2001. The case of the petitioner is that opposite party no.2 was living separately in adultery with another man with mutual consent and has not been thrown out as claimed by her. After having examined the witnesses of both the sides, the Judicial Magistrate, Jehanabad, order payment of Rs.600/- per month to the opposite party no.2 and Rs.400/- per month to each of the two children from 29.7.2002. As against this order, the petitioner went in revision, but the revisional court was of the opinion that there was no error in the order and, therefore, dismissed the same. It also ordered the petitioner - 2 - to pay the opposite party no.2 all due amount till August, 2007, within sixty days from the date of order i.e. 25.9.2007. Unfortunately, instead of abiding by the said orders, the petitioner has come before this court purportedly in a second revision which on the face of it is not maintainable. Moreover, I find no illegality in the orders passed by the courts below and dismiss the application. The petitioner is directed to pay all the instalment, if due, in equal instalment to be fixed by the Judicial Magistrate, Jehanabad, who will take stringent steps against the petitioner, if he fails to do so. The application stands dismissed. JA/- (Anjana Prakash, J.)