IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1969 of 2006 RAM KRISHNA SINGH Versus SMT.DHANBHAGO DEVI ----------- 2 12/8/2008 Heard counsel for the petitioner. In the opinion of this Court the finding arrived at by the court below in assessing the total income of the petitioner to be Rs. 6,000/- and consequently amount of maintenance of Rs.1,000/- per month cannot be faulted either on fact or in law. Counsel for the petitioner in fact also does not dispute this position, but he says that sofar family properties are concerned, same have been partitioned among two wife’s that he has and therefore he says that the quantum of Rs. 1,000/- should be reduced because he has also paid a sum of Rs. 50,000/- by way of premium to his wife. All these issues should have been raised before the court below where income of the petitioner was to be assessed for fixing an amount of maintenance. In the opinion of this Court, once the court below has come to a finding that the petitioner having retired from Army and was drawing pension which was in the vicinity of Rs. 4,000/-, by that amount the petitioner can very well pay the amount by way of maintenance to his wife. That being the position, this Court does not find any merit in this civil revision application and accordingly the same is dismissed. Abhay ( Mihir Kumar Jha, J.)