IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.247 of 2007 JAGDISH CHANDAR SINGH Versus MADHURI SINGH ----------- 6 21/8/2008 Heard counsel for the parties. In the opinion of this Court grievance of the petitioner against the impugned order seems to have some basis, in as much as, when he is supposed to pay a sum of Rs. 5,000/- per month by way of maintenance under section 125 of the Cr.P.C. and his take home salary was Rs. 11,306/- as shown in Annexure-B (photo copy of the salary statement for the month of June, 2004), and the petitioner has to also now pay a sum of Rs. 2,025/- by way of payment of house rent for the quarter allotted to him, the petitioner would definitely find it difficult to get his both the ends meet. Counsel for the opposite party, however, submits that the opposite party, wife would find it difficult to meet the cost of separate accommodation while living in a rented house out of the total amount being given by the petitioner at Rs. 5,000/- per month. After some arguments both the parties agree that the wife will continue to live in the house i.e. quarter allotted to the petitioner but then as the petitioner is to shell out sum of Rs. 2000/- per month approximately only for payment of house rent for the quarter allotted to him, the wife will also contribute to it half of the rent by forgoing Rs. 1,000/- of her amount of 2 maintenance. Consequently, the amount of Rs. 5,000/- fixed by the court below by way of monthly maintenance is reduced to Rs. 4,000/- per month from the date of order, i.e, 19.12.2006. The arrears on this modified amount of Rs. 4,000/- with effect from 19.12.2006 must be paid by the petitioner within a period of three months from the date of receipt/production of a copy of this order. Current amount being Rs. 4,000/- will be paid on month to month basis. With the aforementioned directions/ observations this application is disposed of. ( Mihir Kumar Jha, J. ) Abhay Kumar