IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1030 of 2007 GULAM MUSTAFA Versus ROKAYA KHATOON ----------- 2 26.08.2008 Heard counsel for the petitioner. In the opinion of this Court, the order passed by the Court below fixing of Rs. 1000/- per month by way of maintenance, under Section 125 of the Code of Criminal Procedure, does not suffer from any infirmity specially when the Court below has not only scanned the evidence but has also taken other relevant circumstances into consideration. At this stage, counsel for the petitioner, would submit that the petitioner is really interested in restoring his relationship with the wife and taking her back in his life with all dignity. If that be so, the petitioner can always approach the Family Court with an appropriate application. In the event such an application seeking restitution of his conjugal right is filed, the family Court will proceed in accordance with law and pass a final order. It is, however, made clear that the petitioner must pay both arrears and current amount under the impugned within the period of one month from today failing which the Court below will take appropriate - 2 - actions for realization of the amount of maintenance both arrears and current from the petitioner even by taking coercive steps against the petitioner. With the aforementioned observations and directions this application this application is hereby dismissed. Bibhash (Mihir Kumar Jha, J.)