IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.354 of 2007 UPENDRA SHARMA Versus THE STATE OF BIHAR & ORS ----------- 4. 11.08.08. This revision application has been filed for setting aside the order dated 16.12.2006 passed by the Principal Judge, Sasaram in Maintenance Case No. 43 of 2002 thereby the petitioner has been directed to pay maintenance to Opposite Party No. 2 and 3 at the rate of Rs. 750/- each per month. Heard learned counsel for the petitioner. No body appeared on behalf of Opposite Party in spite of valid service of notice. The only submission of the learned counsel for the petitioner is that the petitioner is a daily wage labourer. He is not able to pay Rs. 1500/- per month to Opposite Party No.2 and 3. It is further submitted that the petitioner has to maintain his second wife and other family members. Apart from the Opposite parties themselves prayed for maintenance allowance at the rate of Rs. 1000/- per month but the learned court without any valid reason ordered for payment of maintenance at higher rate. Considered the submissions of the learned counsel for the petitioner and perused the impugned order. It appears that the petitioner is a daily wage earner and he earns Rs. 125/- per day. The admitted fact is that the petitioner has other family members to maintain. Thus having regard to the facts and circumstances, the impugned order is modified. The petitioner is directed to pay - 2 - maintenance to Opposite Parties at the rate of Rs. 500/- each per month This revision application is accordingly disposed of with above modification in the rate of maintenance amount. M. Pal. (Ghanshyam Prasad, J.)