IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.312 of 2009 SANJAY KUMAR YADAV Versus NIBHA DEVI ----------- 05. 03.11.2010 Heard. While assailing the order dated 21.08.2008, passed by learned Principal Judge, Family Court, Motihari in Maintenance Case No.109 of 2007, learned counsel for the petitioner submits that the same was passed ex-parte without issuing any notice/summons on the petitioner. Referring to Annexure-3 and 3/1, it is stated that opposite party has solemnized the second marriage with one Binod Yadav for which a complainant has been lodged by the petitioner and after making enquiry in terms of provision of section 202 of the Code of Criminal Procedure(hereinafter referred to as the Code’), cognizance has been taken. It that be so, the Code provides adequate forum to the petitioner in terms of the proviso to section 126(2) as well as 127(3(a) of the Code. Petitioner shall be at liberty to approach the court below for the said relief. If any such application is filed within four weeks from today, the same shall be considered on merit and disposed of in accordance with law. With the liberty aforesaid, the application is disposed of. hr ( Kishore K. Mandal )