IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.115 of 2008 SAVITA DEVI @ SAVITA KUMARI D/O- FAKIRA TANTI W/O- SRI MUKESH KUMAR MANISHI, RESIDENT OF MAYAGANJ, P.S.- BARARI, DISTRICT- BHAGALPUR. Versus 1. THE STATE OF BIHAR 2. MUKESH KUMAR MANISHI, S/O- SRI LAXMAN TANTI, R/O- VILLAGE- FATEHPUR( MURARPUR) P.S.- NATH NAGAR, DISTRICT- BHAGALPUR. For the petitioner : Mr. Dilip Kumar, Advocate. For the O.P. : Mr. Ranjan Kr. Jha, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ----------- 3 31.08.2010 Heard learned counsels for the petitioner, Opposite party and the State. Admittedly in the impugned order, there is no consideration with respect to the claim made on behalf of the minor daughter namely Ishika Rani who is living with the applicant-wife. Learned court below has considered their claim and counter claim in respect of the applicant-wife only. The matter therefore requires reconsideration by the learned Principal Judge, Family Court, Bhagalpur. Consequently the order impugned dated 2.11.2007 is set aside and the matter is remitted back to learned Principal Judge, Family Court, Bhagalpur for affording fresh hearing to the parties and thereafter decide the matter afresh particularly with reference to the claim of the baby child who is admittedly living with the applicant-wife and a claim was raised on her behalf also. The application is disposed of. Since the matter has been remitted back to the learned Family Court, it will be open to the parties to approach 2 the said court for grant of any interim relief. If any such application is filed, the same shall be considered in accordance with law. The parties appearing before me assure that they will fully cooperate in the early disposal of the suit which was filed in the year 2007. pkj ( Kishore K. Mandal, J. )