IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.901 of 2007 RAMJEE SINGH Versus STATE OF BIHAR & ANR ----------- 4. 16.9.2008. This application has been filed against the order dated 30.5.2007 passed by Principal Judge, Sasaram, Rohtas in Maintenance Case No. 41 of 2005 thereby the petitioner has been directed to pay maintenance at the rate of Rs.1000/- per month to opposite party no. 2. Heard learned counsel for the petitioner only on the point of quantum of maintenance. The only submission of learned counsel for the petitioner is that at the time of passing of the order the petitioner was in service. However, now the petitioner has retired. In this view of the matter, he is not in a position to pay maintenance of Rs.1000/- per month to opposite party no.2 as he has to maintain other members of the family also. Considered the submission of learned counsel for the petitioner and perused the impugned order. I find no illegality in the impugned order because at the time of passing of the order the petitioner was in service and was getting more than - 2 - Rs.6000/- per month. Accordingly, this application is dismissed. However, since the petitioner has retired now, he may file petition before the Court below under Section 127 Cr.P.C. for modification in the amount of maintenance in the light of reduction in his monthly income by half. In that event, court below shall consider his prayer and pass order in accordance with law. kanchan (Ghanshyam Prasad, J.)