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2019 DIGILAW 1608 (JHR)

Rajesh Chouhan @ Rajesh Kumar Chouhan v. Suman Devi

2019-09-13

SHREE CHANDRASHEKHAR

body2019
JUDGMENT Chandrashekhar, J. - The petitioner has filed I.A. No.7645 of 2017, in which he has stated as under: 4. That during pendency of instant criminal revision being Cr. Rev. No.1115 of 2015, the petitioner came to know that the opposite party Suman Devi has solemnized marriage with one Uma Shankar Chouhan son of Ramlal Chouhan, resident of New Colony, Kharikabad, P.S. Kenduadih (Gondudih O.P.), District Dhanbad, and the opposite party Suman Devi is presently residing with Uma Shankar Chouhan as his married wife. The petitioner submitted an application before the S.S.P., Dhanbad in Public Grievance Cell, on 24.05.2017 for making an inquiry into the matter and for taking necessary action. Entire facts would be evident from Annexure-3 of the supplementary affidavit. 2. The petitioner has challenged the judgment dated 13.08.2015 passed in Maintenance Petition No.187 of 2012, by which he has been directed to pay Rs.4,000/- per month to his wife and Rs.1,000/- to his minor son till he attains majority. 3. Mr. Pratiush Lala, the learned counsel appears for the opposite-party and states that as per the instructions from the opposite-party she has not re-married. He submits that since the only ground on which the judgment in Maintenance Petition No.187 of 2012 has now been sought to be challenged is re-marriage of the opposite-party, the petitioner has appropriate remedy elsewhere and not in filing this criminal revision petition.2 4. At this stage, Mr. P.K. Mukhopadhyay, the learned counsel for the petitioner seeks permission to withdraw this criminal revision petition with liberty to the petitioner to avail of the remedy as available to him in law. 5. Accordingly, Criminal Revision No.1115 of 2015 stands withdrawn with the liberty to the petitioner, as prayed for. 6. I.A. No.7645 of 2017 stands disposed of.