IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.27 of 2008 CHHOTELAL GOUND Versus RAJANTI DEVI ----------- For the appellant : Mr. Lawkush Kumar For the respondent : None P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 28th July, 2008 In a proceeding under Section 125 of the Code of Criminal Procedure after recording the evidence, the Principal Judge, Family Court, Bhojpur, Ara has passed an order directing the present appellant to pay maintenance to the opposite party (respondent herein) at the rate of Rs.750/- per month. 2. In support of claim of maintenance the respondent examined herself and three other witnesses. In rebuttal, the present appellant examined himself and two other witnesses. 3. Upon appraisal of the evidence of the respondent and her witnesses, the Principal Judge, Family Court, observed thus: “ It appears that the petitioner was being tortured by the O.P. for dowry demand and she is unable to maintain herself and the petitioner got solemnized his second marriage.” 4. The Principal Judge, Family Court, upon consideration 2 of the evidence of the parties, has allowed maintenance to the respondent after holding that the respondent (wife) has been living separately because the appellant has contracted second marriage. There is , thus, justifiable cause for the respondent – wife to live separately. 5. Consideration of the matter by the Principal Judge, Family Court, is concluded on facts and we find no justifiable reason to take a view different from that of Family Court. The award of monthly maintenance is neither excessive nor exorbitant. 6. The miscellaneous appeal, therefore, does not deserve to be admitted. It is dismissed in limine. 7. Upon dismissal of the appeal, the application (IA. No.3809 of 2008) does not survive. It is dismissed as well. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-