IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43136 of 2007 DILIP KUMAR MISHRA, son of late Bijay Mishra, resident of village- Mohalla- Sikandarpur, S. K. Sadan Lane, Mirjanhat, P. s. Mojahidpur, Distt- Bhagalpur. … Petitioner. Versus 1. STATE OF BIHAR 2. Ginni Devi D/o Haridwar Tiwari, C/o Sri Baleshwar Pandey, R/o Mohalla- Ram Nagari, sector-2, P. S. Shastri Nagar, District- Patna. ….Opposite parties. ----------- 3. 19.03.2010 Heard counsel for the petitioner and counsel for the State. Despite service of notice on opposite party no. 2, no one appears on behalf of her. The order under Section 125 of the Code of Criminal Procedure directing payment for maintenance of a sum of Rs.3000/- from the date of the order i.e. 31.3.2006 is sought to be repelled on account of subsequent development namely the order of Additional Principal Judge, Family Court, Patna dated 18.2.2009 in Maintenance Case No. 120(m)/1998 where the marriage has been sought to be dissolved with the consent of the parties. This being the subsequent development, the petitioner has remedy of moving the court who had passed the order under Section 125 in terms of Section 126(2) and 127 of the Code of Criminal Procedure. 2 For sake of clarity, this has to be observed that order of alimony in the matrimonial case is yet to be passed and therefore there would be no difficulty in making payment of the amount which was awarded by the court below till such order for permanent alimony is passed. There is also no dispute that the petitioner is a Government servant holding a post in Railway and therefore the quantum of Rs.3000/- for maintenance of wife is also not exorbitant or disproportionate. That being so, this court would find no reason to interfere in the impugned order. In the result, this application is dismissed. kanchan (Mihir Kumar Jha, J.)