IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REVISION No.278 of 2008 MANOJ KUMAR SINGH Versus RUPAM SINGH @ NILU ----------- 3. 17.07.2008. Heard learned counsel for the petitioner and the State. 2. This Cr. Revision application is directed against the judgment dated 6th February, 2008 passed by the Principal Judge, Family Court, Darbhanga in Maintenance Case No.102 of 2002, whereunder sole Opposite Party has been allowed maintenance of Rs. 2,000/- per month from the date of filing of the application with direction to pay the said amount on 15th day of every succeeding month. 3. It is submitted on behalf of the petitioner that the quantum of the maintenance fixed under the aforesaid order is too harsh for the petitioner to pay as he is already paying a sum of Rs. 15,00/- per month as maintenance to the Opposite Party in compliance of the order dated 14.10.2004 passed by 1st Additional District Judge, Darbhanga in Maintenance Case No. 19 of 2002. 4. From perusal of the impugned judgment it does not appear that the court below was aware about the fact that the Opposite Party is already receiving a maintenance of Rs. 1500/- per month under orders dated 14.10.2004. Accordingly, without setting aside the impugned judgment dated 6th February, 2008 passed by the Principal Judge, Family Court, Darbhanga in Maintenance Case No.102 of 2002 it is directed that the petitioner should first deposit the entire arrears of maintenance in terms of the order dated - 2 - 14.10.2004 and if he has already made such payment then produce the receipt showing such deposit and once the Principal Judge is satisfied that the maintenance allowed under orders dated 14.10.2004 has either been paid or is in deposit with him then he should consider the quantum of the maintenance allowed under the impugned judgment and pass appropriate final orders. Necessary deposit/verification about the maintenance already paid in terms of the earlier order dated 14.10.2004 should be made as early as possible, in any case within one month from today. In the event petitioner fails to make payment or produce receipt showing payment in the light of the earlier order dated 14.10.2004 passed in Maintenance Case No. 19 of 2002, the court below shall proceed to execute the impugned judgment dated 6th February, 2008 passed by the Principal Judge, Family Court, Darbhanga in Maintenance Case No.102 of 2002. 5. This Cr. Revision application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)