IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.496 of 2008 MD. SOYEB ALAM Versus PAKIZA PARBIN & ORS ----------- 3. 24.9.2008 Heard counsel for the petitioner. At the outset counsel for the petitioner seeks permission to withdraw this application in order to move the competent court for getting the issue of guardianship of his two sons decided and in case the petitioner succeeds in getting the custody of his two sons, he may be given liberty to approach the court below for varying the amount of maintenance under the impugned order by invoking the provisions under section 127 of the Code of Criminal Procedure. This Court in fact would make no comment on such submissions save and except this Court would allow the petitioner to withdraw this application with a direction to the petitioner to pay the entire arrear and current amount as per the impugned order within a period of one month from the date 2 of receipt/ production of a copy of this order, failing which the court below would be entitled to take appropriate action against the petitioner. (Mihir Kumar Jha,J.) Surendra/