IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.782 of 2009 MD. SAMSUDDIN KASHAMI S/O- ABDUL WADOOD, R/O- VILLAGE SUGIYA MATH TOLA, P.S.- SHEOHAR, DISTRICT- SHEOHAR. Versus ANGURI KHATOON, D/O- ABDUL KHALIQUE OF VILLAGE- SEMRA, P.S.- SEMRA, DISTRICT- EAST CHAMPARAN. For the petitioner : Mr. Sanjeet Deokuliar, Advocate For the O.P. -2 : Mr. Vijay Shankar Srivastava, Advocate For the State : M. R.C. Singh, APP ----------- 3 08.04.2011 Heard learned counsel for the petitioner, the O.P. No. 2 and the State. Petitioner is aggrieved by order dated 24.01.2009 passed in Maintenance Case No. 185 of 2008 whereby learned Court below had directed payment of a sum of Rs. 1800/- per month as ad-interim maintenance. It is contended on behalf of the petitioner that the maintenance amount fixed under impugned order is although ad-interim but on higher side considering the income of the petitioner. Learned counsel appearing on behalf of O.P. submits that the petitioner has not paid any amount of ad- interim maintenance which was fixed under the impugned order. It is submitted and in my view fairly, on behalf of wife (O.P. No. 2) that she would be agreeable to a lesser amount if the petitioner pays for all the outstanding dues within a particular time frame. I have considered the submissions made on behalf of the parties. This much is evident that the order 2 impugned directs only payment of ad-interim maintenance amount. The whole issue is before the Court below to be decided based on the evidence to be adduced on behalf of the parties. Having regard to the submissions of the parties, this Court disposes of the present application in the following manner: During the pendency of the application, the petitioner shall pay as ad-interim maintenance to the wife with effect from 1st of February2009 @ Rs. 1500/- per month. Entire amount falling due as per the quantification of ad-interim amount fixed under the present order shall be paid to the applicant wife (O.P. No. 2) within three months from today and an affidavit to that effect be filed in the Court below. If the petitioner defaults in clearing off the dues/arrears within the aforesaid time, the amount of ad- interim maintenance fixed by learned Court below in the impugned order shall revive and the petitioner shall be liable to pay the said amount. While parting with the records, this Court observes that payment of ad-interim maintenance amount at the time of final disposal of the case shall not prejudice the case of any of the parties. pkj ( Kishore K. Mandal, J)