IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.142 of 2007 RENU KUMARI & ANR Versus RAJESH KUMAR ----------- 2. 14.8.2008 Heard counsel for the petitioners and the counsel for the opposite party. In the peculiar facts of this case where it has a tremendous past history this Court would not interfere with the impugned order, but then keeping in view the present condition of the petitioners it would direct the court below to take up the trial of Maintenance Case No. 14(M)/2005 on day to day basis to ensure that issue of maintenance for both the wife and the child is decided within a period of six months from the date of receipt/ production of a copy of this order. This Court would also direct the court below that in case it is found that the wife and child were entitled for such maintenance, the same would date back to the date of filing of application by the petitioner under Section-125 of the Code of Criminal Procedure. Any payment made by the opposite party either in past or in future would be set off against the amount of maintenance ultimately allowed by the 2 court below. Counsel for the opposite party in fact has informed this Court that he is paying Rs. 800/- for the child as directed by the Court in the order dated 20.6.2006. The court below, however, will verify this fact from the records and in case it is found that a sum of Rs. 800/- has not been paid as directed by the court for the maintenance of the child it would compel the opposite party, husband/ father to pay arrears and current within a period of one month from the date of receipt/ production of a copy of this order. This application is accordingly disposed of. ( Mihir Kumar Jha,J.) Surendra/