IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1458 of 2007 ASHOK SINGH @ ASHOK KUMAR SING Versus PRATIBHA RANJAN & ORS ----------- 2. 28.8.2008 Heard counsel for the parties. A sum of Rs. 1400/- per month by way of maintenance for the dependent wife and two children of the petitioner in the opinion of this Court cannot be said to be excessive or illegal even if the submission of the counsel for the petitioner is accepted that the wife O.P.No.1 is employed as Siksha Mitra. The family with an assured resources of Rs. 4000/- per month by way of salary of the wife-opposite party no. 1 and Rs. 1400/- by way of maintenance payable by the petitioner would still have only Rs. 5400/- per month which in the present day of rising cost in living index can hardly be said to sufficient to fulfil its requirement. In fact a sum of Rs. 1400/- keeping in view the income of the petitioner may be justified but at the same time that cannot be said to be either excessive or illegal. At this stage counsel for the husband-petitioner on being pointed by the 2 counsel for the wife-opposite party that not a single paise has been paid towards maintenance either on the head of arrear or current as directed in the impugned order undertakes on behalf of the petitioner that the petitioner will pay the entire arrears within a period of one months from the date of receipt/production of a copy of this order in the court below and the current amount from the month of August, 2008 shall be paid positively by him on every 10th of next month. In the event the aforesaid undertaking given by the petitioner is not complied, the opposite party will have a liberty to move this Court by way of filing a contempt application for breach and violation of the aforementioned undertaking given by the counsel for the petitioner on behalf of the petitioner. With the aforementioned observation and direction this application is dismissed. ( Mihir Kumar Jha,J.) Surendra/