IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.596 of 2008 SUMANTO AICH, SON OF LATE DR. JITENDRA CHANDRA AICH, RESIDENT OF MOHALLA NETAJEE PATH, CHAKDAH A-10/51, DISTT. NADIYA, WEST BENGAL …PETITIONER Versus 1. THE STATE OF BIHAR, THROUGH THE SUPERINTENDENT OF POLICE 2. KAKOLI AICH, D/O SANJEEV KUMAR BHOMIK 3. ASHUTOSH AICH, SON OF SUMANTO AICH BROTHER RESIDENT OF MOHALLA KHANJARPUR GURRAT ALI JAMADAR LAND, P.S. BARARI, DISTRICT BHAGALPUR. …RESPONDENTS For the petitioner :Mr. Mahesh Narayan Parwat For the State :Mr. Permeshwar Mehta, APP For o.p.no.2 :Mr. Janki Nandan Prasad & :Mr. Brij Nandan Prasad ----------- 08. 18.01.2011 Present application has been filed by the petitioner against the order dated 20th of March,2007, passed by learned Principal Judge, Family Court, Bhagalpur in Misc. Case No. 32/2006 which was disposed of directing the petitioner herein to pay Rs. 3000/- per month as maintenance allowance to o.p.nos.2 and 3 herein. Both the counsels made diverse submissions in respect of their respective cases. It is submitted on behalf of the wife (o.p.no.2) that not a single amount of maintenance fixed under the impugned order has been paid to her. Learned counsel for the petitioner, on the other hand, submits that he has no instruction to make positive statements in this regard. However, he submits that if the amount of maintenance is reduced appropriately, the petitioner shall pay all the dues lying in arrear within four months from today. 2 Having considered the submissions of the parties, this Court is satisfied that present application be allowed by modifying the operative portion of the impugned order in the following manner: Instead of a sum of Rs.3000/- payable to the wife and her son, the petitioner shall be liable to pay a sum of Rs.2000/- for maintenance of the wife (o.p.no.2) and her son with effect from the date of the order, i. e. 20.03.2007. The entire amount falling due as per the quantum fixed by this Court shall be paid to her within four months from the date of the present order and thereafter an appropriate affidavit shall be filed in the proceeding before the learned Principal Judge, Family Court, Muzaffarpur. The petitioner shall continue to pay the amount of Rs.2000/- regularly. In case of default in any of the conditions, the impugned order dated 20th of March,2007, passed by Principal Judge, Family Court, Bhagalpur shall stand restored with all condition(s) contemplated therein. hr ( Kishore K. Mandal )