IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1967 of 2006 SAYED MUMTAZ ALAM Versus RIZWANA KHATOON ----------- 3 12.8.2008 Heard Counsel for the petitioner. In the opinion of this Court, the amount of Rs. 2500/- fixed as an amount of maintenance to be paid by the petitioner to his wife is neither excessive nor illegal. Counsel for the petitioner would contend that the petitioner is only a Maulvi and his assured source of income is Rs. 800/-. This argument has to be noticed only for its being rejected because if the petitioner is a Maulvi whose present income is Rs. 800/-, then how could he enter into a compromise and agreed to pay Rs. 1000/- per month to the opposite party ? That apart, the Court below while considering the evidence of the wife, applicant, has taken into account that the petitioner is also running a business of Parchun shop in Gauhati and apart from it, he has also an income from the agricultural sources. Neither of these two facts though discussed by the Court below in the impugned order for arriving at the amount of maintenance has been disputed by 2 the petitioner in this civil revision application. That apart, this Court does not find any merit in the submission of the Counsel for the petitioner that the since petitioner has no other means therefore on that ground, his wife should be refused maintenance. In view of the findings in the impugned order also other materials on record the court does not find any error in the impugned order and accordingly, this civil revision application being wholly misconceived is hereby dismissed with a direction to the petitioner to pay both arrear and current amount within two months. The Court below is also directed to ensure that both the arrear and current amount of maintenance as fixed by the Court below is positively realized from the petitioner within a period of two months from the date of receipt/production of a copy of this order failing which the Court below will be at liberty to take all coercive action against the petitioner. Rsh (Mihir Kumar Jha, J.)