IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1691 of 2007 BIPIN KUMAR SINGH Versus SMT.HEMLATA DEVI & ORS ----------- 5 29/8/2008 Heard counsel for the petitioner. Counsel for the petitioner submits that during pendency of this application opposite party no.1, his wife, namely, Smt. Hemlata Devi has already died. He would, therefore, not press this application as against opposite party no.1. Counsel for the petitioner next contended that the impugned order has also made him liable to pay maintenance for his two minor children, namely, Kumari Nishi and Kumar Sunny. Counsel says that after death of their mother and in fact even in her life time the petitioner was prepared to keep his two minor children and as such he is entitled to have guardianship of two minor children. Counsel for the petitioner further submits that since his wife has died he is now keeping his two minor children in his custody as a father and accordingly the maintenance granted by the court below in favour of two minor children should be set aside on this ground. In the opinion of this Court, such prayer is wholly misconceived as the petitioner has remedy for keeping in custody of his children. The court below had considered the case of opposite party no.1 who was keeping those two children and therefore amount of maintenance as directed by the court below will continue to be paid by the petitioner in favour of two children till their 2 legal custody in accordance with law is restored to him by the order of the competent court. That being the position, this application has absolutely no merit, in as much as, this application has become infructuous as against opposite party no.1 and as against opposite party nos. 2 and 3 the same must be and is hereby dismissed with a direction to the petitioner to pay the amount of maintenance both arrears and current as per the impugned order within a period of one month from the date of receipt/production of a copy of this order failing which the court below shall be under obligation to take coercive measure for realization of the amount. ( Mihir Kumar Jha, J.) Abhay Kumar