IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.346 of 2010 SURESH CHANDRA SHARMA --- PETITIONER Versus 1. STATE OF BIHAR 2. MANJU DEVI ---- OPP. PARTIES. For the petitioner : Mr. Vikram Deo Singh, Advocate. For the O.P. no.2 : Mr. Ranjeet Kumar, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 04 13.01.2011 Heard learned counsel for the petitioner, opposite party no.2 and the State. Petitioner is the husband. He is aggrieved by order dated 04.02.2010, passed by learned Sub Divisional Judicial Magistrate, Begusarai on the petition filed by his wife opposite party no.2 whereby interim relief/ maintenance in the sum of Rs. 6500/- (Six thousand five hundred) per month has been directed to be paid to the applicant/wife w.e.f. the date of filing of application (14.09.2009). The said amount was directed to be paid for the maintenance of the wife/ opposite party no. 2 and her three sons. Learned counsel for the petitioner referring to the documents placed along with the supplementary affidavit (Annexure 4) submits that petitioner is in receipt of a sum of Rs. 12,390/- (Twelve thousand three hundred ninety) per month by way of salary. It is stand of the petitioner that considering the said salary of the petitioner the amount of interim maintenance fixed under the impugned order is arbitrary and unreasonable. Learned counsel for the opposite party no.2 submits that not a single penny has been paid to her by the petitioner as directed under the impugned order. A stand has, however, been taken before this 2 Court that on a consideration of the materials on record this Court may appropriately reduce the amount of maintenance fixed under the impugned order but subject to the condition that the petitioner pays off all the arrears falling due as per the quantum fixed by this Court and continues to pay the same regularly till the final adjudication. Having considered the submissions advanced on behalf of the parties and after going through the materials on record including the averments made in the supplementary affidavit, this Court, in the interest of justice, disposes of the application by the following order:- The amount of interim maintenance fixed under the impugned order is modified to a sum of Rs. 4,500 (Four thousand five hundred) per month payable to the applicant/wife/opposite party no.2. Entire amount falling due as per the quantum fixed hereinabove shall be paid to the opposite party no.2 by way of Demand Draft and/or deposit in her account within a period of 05 months from today. It is made clear in case of default in full compliance of the present order the impugned order dated 04.02.2010 shall stand restored with all contemplations therein. By way of foot note, this Court may observe that present fixation of the interim maintenance shall not prejudice the case of the parties at the time of final adjudication of the matter. Sym ( Kishore K. Mandal, J.)