IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.103 of 2007 JAGDISH YADAV Versus RAJO DEVI ----------- 02. 14.05.2008 Heard learned counsel for the petitioner. This civil revision has been filed on behalf of the petitioner, who was opposite party in the court below, challenging order dated 01.12.2006 by which the learned Principal Judge, Family Court, Madhubani, allowed the petition in M.R.No.38 of 2004 filed by the opposite party, who was applicant in the court below, and directed the petitioner to pay interim maintenance of Rs.1,000.00 per month from the date of institution of the case as well as litigation cost of Rs.3,000.00. The aforesaid case was filed by the opposite party claiming herself to be the first wife of the petitioner in which a petition was filed by the opposite party for payment of Rs.2,500.00 per month as interim maintenance and Rs.50,000.00 as litigation cost. Although the petitioner denied any relationship between the parties, but the learned court below considered the matter in detail and found that the opposite party had been able to prove that she was the wife of the petitioner and was living separately having no source of income. It is also not in dispute that petitioner is a retired Government servant and in addition to it opposite party claims that he has sufficient land also and his total monthly income is Rs.10,000.00 to 12,000.00. The claim of the petitioner that opposite party is also getting pension under Samajik Sureksha Yojna cannot be of any help as such payment - 2 - can never be sufficient to maintain a person. In the aforesaid facts and circumstances, this court does not find any illegality or jurisdictional error in the impugned order of the learned court below and accordingly this civil revision is dismissed. sunil ( S.N.Hussain,J.)