IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.766 of 2009 MD.AJAM ANSARI S/O- MD. HASIF ANSARI R/O- VILLAGE BARADIH, P.S.- TILAUTHU, DISTRICT- ROHTAS AT SASARAM. Versus 1. THE STATE OF BIHAR 2. HAJRA BIBI WIFE OF AJAM ANARI 3. HAIDAR ALI 4. KHATIJA BGAM, MINOR, SONS OF MD. AJAM ANSARI R/O- VILLAGE BARADIH, PS.- TILAUTHU, DISTRICT- ROHTAS AT SASARAM AT PRESENT MOTI PENTER, MUHALL, KUMHAR TOLI, P.S.- DEHRI, DISTRICT- ROHTAS AT SASARAM. ------------ 2 28.02.2011 While assailing the order, Learned counsel for the petitioner made submissions only with regard to capability of the petitioner. By the impugned order dated 26.3.2009 passed in Maintenance Case No. 40 of 2006, learned Principal Judge, Family Court, Sasaram, Rohtas has on a consideration of the materials placed before it by the parties, granted maintenance in the sum of Rs. 600/- to wife (O.P. No. 2) and 400/- each to the daughter and son (O.P. Nos. 3 and 4). Learned counsel for the petitioner submitted that the income assessed by the Court below is contrary to the materials on record. It is submitted that he is a daily wage earner. Learned Trial Court has evaluated the materials on record. The applicant wife made a claim that his husband had 6 to 7 bighas of land and an annual income of Rs. 75,000/- per annum therefrom apart from an income of 6,000/- per month as Scooter Mechanic. However, no documentary evidence was brought to substantiate the plea. - 2 - On the other hand, the petitioner (husband) took the plea that he is the daily wage earner having one bigha of land. In view of these facts appearing from record, learned Trial Court has taken a very reasonable view by granting a meager sum by way of maintenance to the applicants (wife and two children) and that too from the date of order. On a consideration of the submissions advanced on behalf of the parties and after going through the impugned order, this Court is satisfied that the order in question does not require any interference. The application is dismissed. pkj (Kishore K. Mandal, J)