IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3338 of 2008 MD.MURTUJA Versus THE STATE OF BIHAR & ANR ----------- 4 21.5.2010 Heard counsel for the petitioner and the State. The petitioner prays for setting aside the order dated 12.1.22007 passed by the Principal Judge, Family Court, Madhubani in M.R.No.37 of 2004/102 of 2006 whereby he has directed the petitioner to pay Rs.500/- per month to the applicant-Opposite party no.2 from the date of the order. The Opposite party no.2 Tabbila Khatoon filed a case under section 125 Cr.P.C. for maintenance. She stated that she has three children from the wed lock of the petitioner. After hearing the parties, the learned Principal Judge, Family Court, Madhubani directed the petitioner to pay a sum of Rs.500/- per month to the applicant- Opposite party no.2 from the date of the order i.e. 12.12.2007. Learned counsel for the petitioner submits that he is still willing to keep the complainant with due care and affection. This court finds that on consideration of the materials on record the learned Principal Judge had rightly directed the petitioner to pay a sum of Rs.500/- per month to the Opposite party no.2 from the date of passing of the order i.e. 12.12.2007. Considering the facts and circumstances of the case, this court directs that if a joint petition is filed by the petitioner 2 KHAN and Opposite party no.2 and latter appears in person and it appears that the petitioner is keeping her well, only in such circumstances the impugned order could be revised. Till then the petitioner will comply with the direction of the learned Principal Judge directing him to pay maintenance including arrears with effect from the date of order. With the aforesaid observations and directions, this application stands disposed of. (S.P.Singh,J)