IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1552 of 2007 NAUSHER ALI …PETITIONER Versus 1. THE STATE OF BIHAR 2. AJMERI KHATOON, WIFE OF NAUSHER ALI …OPPOSITE PARTIES For the Petitioner: Mr.Ashok Kumar Jha For the State : Mr. J.Upadhyay,APP ----------- 04. 31.08.2010 Heard counsel for the parties. Petitioner is the husband. He is aggrieved by the order dated 05.10.2007, passed by learned Principal Judge, Family Court, Siwan in Misc. Case No.38/07, whereby ad-interim maintenance has been allowed in favour of applicant-wife in the sum of Rs.700/- per month. It appears that the order was passed after affording opportunity of hearing to both parties. Learned court below has recorded that admittedly the applicant is legally wedded wife and on account of certain disputes, they are living separately and a divorce case is pending between the parties. It has been found that the applicant-wife is unable to maintain herself. It is stated that the petitioner is a daily wage earner and, as such, he may not be able to pay the maintenance amount as fixed by the learned court below. The matter is still pending before the court where all issues of facts and law can be raised by the petitioner. In that view of the matter, this Court is not inclined to interfere with the order. The application is accordingly dismissed. hr ( Kishore K. Mandal )