IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.900 of 2007 AKBARI KHATOON Versus THE STATE OF BIHAR & ANR ----------- 5. 16.9.2008. This Cr. Revision has been preferred against the order dated 29.3.2007 passed by Principal Judge, Family Court, Darbhanga in Misc. Case No. 16 of 2006 thereby the petition filed by the petitioner under Section 127 of the Cr.P.C. has been rejected. Heard learned counsel for both the parties. It appears that the petitioner is getting maintenance of Rs.400/- per month since 17.2.2003. A petition under Section 127 was filed for enhancement of maintenance amount on the ground that the petitioner is suffering from various diseases. The opposite party no. 2 objected the prayer on the ground that the petitioner is a Sevika in Anganbari and is getting Rs.1200/- per month. The learned counsel for the petitioner submitted that the amount of maintenance so granted to the petitioner in the year 2003 is not sufficient to meet the bare requirement of the petitioner and at present the petitioner is suffering from various diseases whereas opposite party is a X-ray Technician having pay more than Rs.10,000/- per month apart from rent from building. Considered the submission of learned counsel for the petitioner and perused the impugned order. It appears from the impugned order that court below has rejected the prayer of the petitioner mainly on the ground that the - 2 - petitioner is getting Rs.1200/- per month. It is well settled principle of law that the husband cannot be absolved from payment of maintenance only on the basis of some income of wife. Apart from it, the income of the wife is also not sufficient to meet her bare requirements. Under the facts and circumstances and keeping in view the income of both the parties, I am of the opinion that the maintenance so granted to the petitioner requires enhancement. Accordingly, opposite party no. 2 is directed to pay Rs.1000/- per month instead of Rs.400/- from the date of order passed by the Court below i.e. 29.3.2007. Accordingly, this Cr. Revision is disposed of with above directions after condoning the delay in filing this revision. kanchan (Ghanshyam Prasad, J.)