IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.79 of 2008 SURENDRA PRASAD KUSHWAHA …PETITIONER Versus 1. STATE OF BIHAR 2. SITA DEVI, WIFE OF SURENDRA PRASAD KUSHWAHA …OPPOSITE PARTIES ----------- 3. 31.08.2010 Heard counsel for the parties. Present is an application calling in question the order, whereby the application preferred by the applicant-wife u/s 127 Cr.P.C. has been allowed. It appears that initially the maintenance was allowed in the sum of Rs.500/- in favour of the applicant-wife in the year 2002. Subsequently, on 15.04.2005 an application was filed for enhancement of the maintenance amount which was considered and allowed by order dated 05.11.2007 and the husband was directed to pay a sum of Rs.850/- per month with effect from 15.04.2005. Learned counsel for the petitioner expresses his inability to pay the arrear amount as per the order impugned. It is contended that in all fairness the family court at least ought to have allowed the said enhancement with effect from the date of order. Learned counsel appearing on behalf of the applicant-wife (o.p.no.2) states that the order is based on evidence and a reasonable one which does not call for any interference. He submits that the wife is not getting any amount 2 after the order dated 05.11.2007 was passed. Learned counsel for o.p.no.2 has taken a stand that if the petitioner-husband pays the entire arrear falling due in terms of the impugned order within three months from the date of present order she will be satisfied if only 50 % of the amount falling due as arrear on account of enhancement for the period between 15.04.2005 to 05.11.2007 is paid. Learned counsel for the petitioner submits that the petitioner shall pay 50 % of the arrear amount falling due in terms of the order for the period 15.04.2005 to 05.11.2007 within three months from the date of the order. Having considered the submissions advanced on behalf of the parties, this Court records the aforesaid submissions made on behalf of the parties. It is made clear that if the petitioner pays the amount falling due on account of enhancement made in terms of the impugned order for the period 15.04.2005 to 05.11.2007 then 50 % of the said amount shall satisfy the order impugned. It is made clear that if the said arrear amount is not paid within three months from today, then the applicant-wife shall be entitled to the entire arrear falling due in terms of the order passed by the family court. With this clarification/modification in the order, the application is dismissed. hr ( Kishore K. Mandal )