IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2106 of 2009 ----------- Mahendra Narayan Choubey, son of late Ram Narayan Choubey, Resident of village Dumduma, P.S. Kudhani, District Kaimur (Bhabhua) Opposite Party ….Petitioner. Versus Hiramuni Devi, wife of Mahendra Narayan Chaubey, resident of village Dumduma, P.S. Kudhani, District Kaimur (Bhabhua) Applicant- Opposite Party. -------- For the Petitioner : Mr. Ravi Kumar and Sanjeev Kumar, Advocates. For the Opp. Party : None. --------- 02/ 14.12.2009 Heard learned counsel for the petitioner. 2. This civil revision has been filed by the opposite party -petitioner challenging order dated 23.10.2009, by which the learned Principal Judge, Family Court, Kaimur (Bhabhua), allowed maintenance of Rs.1000.00 per month to be paid by the petitioner to the sole opposite party in Maintenance Suit No. 57 of 2008. 3. After some arguments, learned counsel for the petitioner accepts stamp report dated 25.11.2009 stating that this civil revision is not maintainable in view of sub-sections (4) & (5) of section 19 of the Family Court Act, 1984 as well as a decision of the Division Bench of this Court in case of Jagdish Prasad Chouhan vrs. Bhuneshwar Chouhan and another, reported in 2009(4) B.B.C.J. 442. Hence, he seeks permission to withdraw this civil revision. 4. Accordingly, this civil revision is dismissed as withdrawn. However, ultimately, if the opposite party-petitioner is 2 aggrieved by the final order passed in the said maintenance suit, he will be entitled to take all the grounds of objection, taken in this civil revision, in an appeal if filed under section 105 of the Code of Civil Procedure against the aforesaid final order. MPS/ ( S.N. Hussain, J. )