IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.756 of 2009 SHYAM KISHORE YADAV, son of Sri Thakur Prasad Yadav, resident of Mohalla Adars Nagar, Ward No.2/9, P.S. & District Madhepura, at present Rajendra Rice Mill, Ward No.2, P.S. & District Madhepura …PETITIONER Versus 1. THE STATE OF BIHAR 2. NIRMALA DEVI, wife of Shyam Kishore Yadav, daughter of Jagdish Prasad Yadav 3. RAVI SHANKAR, son of Shyam Kishore Yadav, both (2 & 3) are resident of Mohalla-Adarsh Nagar, Ward No.2/9, P.S. & district Madhepura …OPPOSITE PARTIES For the petitioner :Mr. Shailendra Kumar Singh For the o.ps. :Mr. B.N.P.Singh For the State :Mr. Mukeshwar Dayal,APP ----------- 02. 27.01.2011 Heard counsel for the parties. Petitioner is the husband. He is aggrieved by order dated 02.04.2009, passed by learned Principal Judge, Family Court, Madhepura in Misc. Case (Maintenance) 26/05, whereby on a consideration of materials on record including the oral evidence adduced on behalf of the parties, learned court below has come to the conclusion that applicant(wife) is in receipt of a meagre amount of Rs. 1375/- from her engagement as Angan Bari Sevika which cannot be said to be adequate and sufficient and accordingly a sum of Rs.5000/- has been directed to be paid for her maintenance. Learned counsel for the petitioner, while assailing the order, submits that from the evidence of the son of the informant A.W.2, it would appear that the petitioner has to survive on 15 kathas of lands allotted to him which is located within the township of Madhepura. It is submitted that there is/are evidence on record that indicates that the 2 petitioner is not getting regular salary from the college, namely, Baba Singheshwar College, Madhepura where he is employed as Lecturer. It is submitted that in view of these facts appearing form records, the quantum of maintenance fixed under the impugned order requires interference. Learned counsel appearing on behalf of opposite party nos. 2 & 3 draws attention of the Court to paragraph 14 of the impugned order wherein while assessing the capability of the husband to pay the maintenance reliance has been placed on the evidence which was brought on record by the parties in Title Suit No.77/2006 which was filed by husband seeking judicial separation. It is the stand of the opposite parties that petitioner’s family owns flour mill and has more than 16 Bigha of lands to their credit. In that view of the matter, the quantum of maintenance fixed under the impugned order cannot be said to arbitrary and/or unreasonable. I have considered the submission advanced on behalf of the parties and perused the materials on record. The wife in her evidence has admitted that her husband (petitioner) is not getting regular salary from the college in question. It is further seen from the evidence of the son of the petitioner that the father owns only 15 kathas of lands allotted to his share. From materials on record this much is evident that the petitioner is employed in a college from where he is not in receipt of regular salary. It is further seen from the impugned order that in Title Suit No.77/06, a report of Pleader Commissioner was obtained wherefrom it appeared that the petitioner’s family owns substantial number of cows and a flour mill. 3 Considering all these aspects of the matter, this Court is of the view that, in the facts and circumstances of the case, a sum of Rs. 4000/- shall be appropriate for maintenance of the wife. Accordingly, the quantum of maintenance fixed under the impugned order is reduced to a sum of Rs. 4000/- per month. This shall be applicable from the date of the order. One aspect of the matter further requires consideration. The amount of maintenance fixed under impugned order has been directed to be paid from the date of filing of the case. Counsel for the opposite parties is not able to satisfy this Court that during the pendency of the application any prayer was made for payment of ad-interim amount which was pressed for consideration . It is further seen from the impugned order that the wife o.p.n.2 gets certain income from her engagements as Angan Bari Sevika. No reason has been assigned in the order for directing such payment from the date of filing of the case. Accordingly, this Court modifies the impugned order to the effect that amount of Rs.4000/- per month shall be payable to the applicant (wife) with effect from the date of impugned order i.e. 02.04.2009 . The application stands disposed of with the aforesaid observation/direction. hr ( Kishore K. Mandal )