IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.580 of 2009 MANORANJAN TIWARY Versus THE STATE OF BIHAR & ANR ----------- 2 16.11.2010 Heard learned counsel for the parties. Petitioner is aggrieved by order dated 19.1.2009 passed by the Principal Judge, Family Court, Nalanda at Biharsharif, in Maintenance Case No.2/08. It appears from the impugned order that inspite of the summon through Nazarath, registered post and publication of notice in daily newspaper the petitioner did not appear to contest the case and, accordingly, the same was heard exparte. It is submitted on behalf of the petitioner that he is serving in C.I.S.F. as constable and draws salary Rs.10,000/- per month. It also appears from the record that the complainant was ill-treated at her sasural for non-fulfillment of demand of dowry which resulted in filing of a criminal proceeding which is pending. The learned trial court in absence of the show cause filed on behalf of the petitioner considered the materials on record including oral evidence and has taken a reasonable view after having found that the salary of the petitioner was 2 more than Rs.10,000/- per month. Accordingly a sum of Rs.1500/- per month has been directed to be paid as maintenance w.e.f. 5.1.2008, i.e. date of filing of the case. Learned counsel for the petitioner submits that he is still ready to keep his wife with him as his duly wedded wife. If that be so he could have moved the trial court. In the background of the facts taken note here-in- above this Court is not inclined to accept the aforesaid submissions. If the petitioner is sincere in his submission then he should take appropriate step in this regard and thereafter approach the court below for appropriate modification / alteration in the order impugned. This application is dismissed with the aforesaid observations. Anilkr.sinha (Kishore K.Mandal,J.)