BINOD KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER has challenged order dated 04.12.2009 passed by Principal Judge, Rohtas at Sasaram in Maintenance Case No.4 of 2003 directing him to pay Rs.4000/ - to Opposite Party No.2, Rekha Kumari as well as Rs.2000/ - to each of the children till they attain majority. The order was also made operative from the date of filing of application.

(2.) FROM the record it is apparent that it happens to be second round of litigation. Vide order dated 26 -09 -2007 the Maintenance Case No.4 of 2003 was allowed against which both the parties approached the High Court. While petitioner had filed Cri. Revision No.1432 of 2007 which now found dismissed in default. At the other hand the wife had filed Civil Revision No.2251 of 2007 which was allowed vide order dated 12.11.2008 and setting aside the order, the matter was remanded whereupon vide order dated 04 -12 -2009, the learned lower court has decided the same hence this revision.

(3.) IT has been submitted on behalf of petitioner that vide judgment Raj Kumar Sah V. State of Bihar, 2008 4 PLJR 817 the Division Bench of this Court has held that order passed relating to 125 Cr.P.C. is challengeable under criminal revision and in the aforesaid background pendency of C.R. No.2251 of 2007 and subsequently deciding the same vide order dated 22.11.2008 was apparently in contravention of the finding of the Division Bench and on account thereof the order passed by the High Court C.R. No.2251 of 2007 was not at all legally enforceable in the eye of law. It has been also been submitted that in likewise manner the learned Principal Judge should not have proceeded on getting the record on remand in terms of direction given under C.R. No.2251 of 2007 dated 12.11.2008. Consequent thereupon the order dated 04.12.2009 appears to be untenable in the eye of law.