IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.937 of 2008 ASHOK SHARMA @ ASHOK BISHWAKARMA @ ASHOK KUMAR BISHWAKARMA Versus STATE OF BIHAR & ORS ----------- 2 17.4.2009 Heard. The instant revision application is directed against the order dated 23.7.2008 passed by Principal Judge, Family Court, Saharsa, in Misc. Case No.57/06 by which the learned court directed the petitioner to pay a sum of Rs.1200/- by way of maintenance to O.P.no.2 and a sum of Rs.400/- per month to O.P. No.3 who is a minor son. Learned counsel submits that O.P. no.2 is a divorcee as is apparent from Annexure-2. He submits that O.P.No.2 was earlier married to one Jitendra Kumar Mistri in 1997. He further submits that though the petitioner was keeping her with all care and affection but she was not willing to stay with her in – laws. He submits that the quantum of maintenance fixed by the learned trial court is excessive.He also submits that the time frame in which the arrear has been directed to pay is also not sufficient. It appears that the trial court has taken into consideration that the petitioner is doing the work of manufacturing orthopaedic artificial limb at Samastiput, therefore, he is in possession of sufficient earning to maintain himself and his family members. As per O.P., the petitioner is earning a sum of Rs.15,000/- to Rs.20,000/- per month. 2 Learned counsel for the petitioner submits that as the order was passed exparte he could not produce the documents before the court to show that he is earning meager sum. Having heard the learned counsel for the parties, this court does not find that the order impugned suffers from any infirmity in deciding the quantum of maintenance on the basis of materials on record. The time granted by the court below to the petitioner to pay arrears is extended by further four months. In the circumstances, the petitioner is directed to pay the arrears within four months in two equal monthly instalments, failing which the court below may take appropriate step against the petitioner. In case circumstance is changed, it will be open for the petitioner to file an application under section 125 & 127 of Cr.P.C. With the aforesaid observations and directions this application is disposed of. Anilkrsinha (Samarendra Pratap Singh, J.)