IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.544 of 2008 PERMESHWAR PRASAD GUPTA …PETITIONER Versus 1. STATE OF BIHAR 2. RAJIYA DEVI. …OPPOSITE PARTIES ----------- 04. 27.09.2010 Heard counsel for the petitioner. In spite of service of notice, nobody has appeared on behalf of o.p.no.2 to contest the present application. The husband-petitioner challenges the order dated 08.04.2008, passed by learned Principal Judge, Family Court, Motihari in Case No.M.211/05, whereby on a consideration of materials on record, the court below has directed for payment of maintenance in sum of Rs.800/- per month from the date of the application, i.e. 19.07.2006. While assailing the order, learned counsel for the petitioner submits that court below has found from the report furnished by the Officer in-charge of Mehasi police station that O.P. Permeshwar Pd. Gupta (petitioner herein) had illicit relationship with the applicant(Rajiya Devi). Admitted position is that after enormous lapse of time, the present application has been filed. The husband-petitioner seems to be 80 years old. Learned court below has found as under in the impugned order: “I find that O.P. Permeshwar Pd. Gupta has illicit relationship with the applicant Rajiya Devi and from that illicit relationship with O.P. applicant gave birth to a son namely Dilip Kumar who is aged about 18 years and O.P. did not pay even single farthing to the applicant for her maintenance as well as her son. In the facts 2 and circumstances stated above I direct O.P. Permeshwar Pd. Gupta to pay Rs.800/- per month to the applicant Rajiya Devi as ad interim maintenance with effect from 19.7.2006 i.e. the date of filing of ad interim maintenance.” It is submitted that in view of the findings/observations so recorded by learned court below, the order impugned appears is contrary to the provision of the Act. Under the impugned order the son has not been found entitled to maintenance. Learned APP on perusal of the order impugned is not in a position to controvert the submissions advanced on behalf of the petitioner. Having regard to the aforesaid findings of the court, this Court is satisfied that the order impugned requires interference. Consequently, that part of the order whereby learned court below has directed for payment of ad-interim maintenance in the sum of Rs.800/- to the applicant is quashed and set aside. Learned Principal Judge, Family Court shall proceed and dispose of the application finally after allowing the parties to adduce evidence uninfluenced by the present order. hr ( Kishore K. Mandal )