IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32650 of 2007 NARAD SAHANI Versus THE STATE OF BIHAR & ORS ----------- 7 12.11.2008 Heard Mr. Dhirendra Kumar, learned counsel for the petitioner, Mr. Jharkhandi Upadhaya, the learned A.P.P. for the State and Mr. Krishnakant Singh, learned counsel for O.P. No. 2. The petitioner has challenged the order dated 13.1.2005 passed by the Sub Divisional Judicial Magistrate, (Sadar), East Champaran, at Motihari in Misc. Case No. 5 of 2003, whereby he awarded maintenance to the applicant wife of Rs. 400/- and Rs. 300/- for the daughter thereby a total amount of Rs. 700/- to be paid to the applicant. The petitioner also seeks the quashing of order dated 16.1.2007 passed by the 3rd Addl. Sessions Judge, East Champaran, at Motihari, passed in Cr. Revision No. 98 of 2005, whereby he has rejected the revision preferred by the petitioner against order dated 13.1.2005 of the learned Sub Divisional Judicial Magistrate by stating that in view of section 8(c) (i) (ii) and section 19(i) (ii) of the Family Court Act the revision was not maintainable before the Sessions Court. It is stated at the Bar that the daughter for whom Rs. 300/- had been awarded as maintenance has since been married on 30.1.2005 and she is living at her matrimonial home. The petitioner now lays a claim before this Court that he is ready to keep the wife with him. If that had been his intention then he could have gone over and brought back his wife. - 2 - Be that as it may the order of the learned Sub Divisional Judicial Magistrate is an interim order. In the aforesaid situation I am not ready or willing to interfere with the same. The application is accordingly dismissed. However, the petitioner may move the court below for modification of the order in view of the marriage of the daughter. Spd/- (Abhijit Sinha, J.)