IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.262 of 2008 HIRA LAL SAH Versus SARDA DEVI ----------- 3 12/9/2008 Heard counsel for the petitioner. The order awarding Rs. 1,000/- by way of maintenance under section 125 of the Code of Criminal Procedure cannot be said to be either excessive or illegal. Counsel for the petitioner, however, would submit that it was specific case of the petitioner that he had not ousted the opposite party, wife and therefore he was not liable to pay amount of maintenance. This Court from the materials on record including the finding in the impugned order would find that the opposite party, wife had alleged and also partly proved that the husband, petitioner was living with his sister-in-law which actually led to gradual detoriation in the conjugal life. The two daughters borne out of the marriage, had been also given ill treatment because of the alleged illegitimate relationship. In that view of the matter, the wife definitely had right 2 to claim maintenance because of neglect that she had received from the husband. That being so, this Court would not find any reason to interfere with the impugned order. Accordingly, this application is dismissed. Petitioner is directed to pay both arrear and current amount of maintenance within a period of one month from today, failing which the court below will be at liberty to take coercive steps against the petitioner for realization of the aforementioned amount. ( Mihir Kumar Jha, J.) Abhay Kumar