IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.101 of 2008 MANOJ KUMAR SAH Versus USHA DEVI ----------- 4 8/9/2008 Heard counsel for the petitioner. The impugned order grants only Rs.1200/- per month by way of interim maintenance under section 125 of the Code of Criminal Procedure. Such amount definitely is not unreasonable or exercise of such power is also not illegal. Counsel for the petitioner, however, would submit that the petitioner is Ferrywala and in fact cannot afford to pay a sum of Rs. 1200/-. Unfortunately such plea has not been taken by the petitioner before the court below and in fact from paragraph-6 of the application filed by the wife, opposite party under section 125 of the Code of Criminal Procedure, it would appear that there was definite statement to the effect that the petitioner belongs to well to do family who has business both in India and in Nepal and that his monthly income was amounting to Rs. 30,000/- per month. Counsel for the petitioner would concede 2 that this statement was not controverted by the petitioner in the court below till the date of passing of the impugned order. If that be so, then the entire allegation of the wife as with regard to income is an admitted fact. This Court has also gone into the allegation made by the petitioner in divorce case where it has been claimed by him that his wife was living in adultery. Under such situation there was also no scope for amicable settlement. This being the situation the Court had no option but to pass an order of interim maintenance especially when there is no order for maintenance pendent-elite under section 24 of the Hindu Marriages Act. In that view of the matter, this Court would not find any reason to interfere with the impugned order. It is made clear that the ultimate final order under section 125 of the Code of Criminal Procedure would be passed after adducing of the evidence and their consideration by the court below. 3 With the aforementioned observation this application is dismissed. Petitioner is directed to pay both arrear and current amount of maintenance within a period of one month, failing which the court below will be entitled to recover the same from the petitioner in accordance with law. ( Mihir Kumar Jha, J. ) Abhay Kumar