IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.351 of 2007 SURENDRA PRASAD MISHRA @ SURENDRA MISHRA Versus THE STATE OF BIHAR & ANR ----------- 5. 11.08.08. This revision application has been filed for setting aside the order dated 8. 12. 06, passed by Family Court, Biharsharif (Nalanda) in Case No. 12(M) 1999 thereby the learned Judge under Section 126 (2) of Cr.P.C. has disposed of the petition filed by Opposite Party No.2 under Section 125 of Cr.P.C. for maintenance and directed the petitioner to pay the maintenance of Rs. 800/- per month to the Opposite Party No.2. Learned counsel for the petitioner appeared. No body appeared on behalf of Opposite Party No.2 in spite of service of notice. Learned counsel for the petitioner submitted that orginally the case was pending in the court of Chief Judicial Magistrate, Biharsharif, Nalanda. Later on it was transferred to the Family Court, Biharsharif. However, no information was given to the petitioner and behind the back of the petitioner the order was passed by the learned Judge. It is further submitted that show cause filed by the petitioner in the court of Magistrate itself would show that Opposite Party No.2 was not entitled to get maintenance as she much before filing of the maintenance case had deserted the petitioner and remarried with Shri Kamal Kant Pandey in the year 1997. Considered the submissions made by the learned counsel for - 2 - the petitioner and perused the impugned order as well as copy of show cause as also Annexure-3 copy of affidavit sworn by Opposite Party No.2 with regard to second marriage with Shri Kamal Kant Pandey. In the facts and circumstances this application is allowed. The impugned order dated 08. 12.06 is set aside. The case is remitted back to the court below for fresh decision after hearing the Opposite Party No. 2. The case must be disposed of within three months from the date of receipt of the order. M. Pal. (Ghanshyam Prasad, J.)