IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2119 of 2007 MANOJ KUMAR JAISWAL Versus RANI KUMARI ----------- 5 22/7/2008 Heard counsel for the petitioner and counsel for the opposite party. The view taken by the court below in fixing a sum of Rs. 3,000/- towards maintenance for the wife-opposite party and Rs. 1000/- for the minor child cannot be faulted keeping in view that the petitioner-husband did not choose to contest the matter. Submission made by Mr. Malhotra, learned counsel appearing for the petitioner that the amount is excessive taking into consideration the monthly income of the petitioner, this Court would not find any substance in the same as not a word has been said even in this civil revision application about the monthly income of the petitioner. That apart, it would be difficult to believe that the petitioner already employed and in service, who has already completed the intermediate part of Chartered Accountancy examination, would not be receiving salary of an amount from which he could not pay a sum of Rs.4,000/- per month for his dependant wife and minor child specially when there is no denial to the fact that the petitioner being an income tax payee having his PAN no. ACHPJ8679B has monthly income of Rs. 30,000/- per month. In that view this Court does not find any error in the quantum of amount of maintenance as fixed by the court below in the impugned order. 2 This Court, however, would accede to the prayer of the petitioner for payment of arrears of maintenance in instalments keeping in view that such payment has to be made by him for the period of nearly three years i.e. w.e.f. 1.12.2005 This Court would accordingly direct the petitioner to pay the opposite party the entire amount of arrears within a period of one year in twelve monthly equal instalments. Such payment will be made by the petitioner on every 5th of the month along with current amount, which would be deposited in the Bank account to be furnished by the opposite party-wife to the court below within a period of fifteen days from today. In case there is any default in such payment it will be always open to the court below to take coercive action against the petitioner. With the aforementioned observations/ directions this application is dismissed. ( Mihir Kumar Jha, J. ) Abhay Kumar