IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1125 of 2006 JITENDRA KUMAR GUPTA Versus STATE OF BIHAR & ANR ----------- 3. 8.8.2008. Heard the learned counsel for both the parties. This application has been filed for setting aside the order dated 20.11.2006 passed by Principal Judge, Family Court, Bhojpur at Arrah in Misc. Case No.202 of 2002/312 of 2005 thereby the learned Principal Judge has directed the petitioner to pay maintenance of Rs.4,000/- per month to the opposite party no.2 under section 125 of the Cr.P.C. Upon hearing of the learned counsel for both the parties as well as on perusal of the impugned order, it is quite apparent that the marriage in between the petitioner and opposite party no.2 is admitted. The another admitted fact is that the petitioner has entered into a second marriage as a result of which the opposite party no.2 refused to live with the petitioner. So far the capacity of the petitioner to pay the maintenance is concerned, on perusal of the order, it appears that the court below has assessed the monthly income of the petitioner as Rs.25,000/-. The petitioner is running at Gupta Medical Hall, Arrah. Thus, having regard to the facts and circumstances of the case, no case is made out for interference in the impugned order under the revisional jurisdiction. However, it is submitted that there was also a proceeding - 2 - N.H./ under section 13 of the Hindu Marriage Act for divorce. In that very case he was directed to pay interim maintenance of Rs.1,000/- per month. The learned lower court has not taken into consideration of that amount. The petitioner cannot be directed to pay the maintenance in two different cases. Having regard to the facts and circumstances, the petitioner is directed to pay the maintenance of Rs.4,000/- as directed by the court after deducting the maintenance amount already paid or being paid under section 24 of the Hindu Marriage Act. Accordingly, this application stands rejected with above modification. ( Ghanshyam Prasad )