IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.78 of 2009 SATYENDRA PRASAD S/O SHIV NARAYAN THATHERA --- PETITIONER Versus 1. STATE OF BIHAR 2. BABLI DEVI D/O CHANDRA SHEKHAR PRASAD 3. PANKAJ KUMAR SON OF LATE DILIP PRASAD --- OPP. PARTIES. ----------- 02 01.09.2010 Heard both sides. Petitioner is aggrieved by the order dated 05.12.2008 passed by Principal Judge, Family Court, Nawadah in Misc. case no. 39 of 2002 (Babli Devi vs. Satyendra Prasad). Aforesaid application was filed by opposite party no.2 claiming maintenance. The husband/petitioner filed his show cause/rejoinder in which a ground was taken that that wife of the petitioner has since married with somebody else. Both the parties laid evidence. The husband/petitioner also adduced evidence in the shape of Ajay Prasad and one Shiv Narain Pathak. It is stated that Ajay Prasad is the uncle of the opposite party no.3 herein who is alleged to be the second husband of opposite party no.2. In his deposition he has stated that his nephew was married a year ago with opposite party no.2 (Babli Devi). This Court does not find from the impugned order any consideration of these aspects of the matter. In that view of the matter, this Court is satisfied that the matter requires reconsideration by the learned Family Court. Accordingly, the order impugned dated 05.12.2008, passed by learned Principal Judge Family Court, Nawadah in Misc. case no. 39 of 2002 /156 of 2006 is quashed and set aside. The matter goes on remand back to the learned Family Court for fresh consideration and disposal in accordance with law. Sym ( Kishore K. Mandal, J.)