IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1076 of 2007 PREM CHAND BHAGAT @ TENGAR BHAGAT Versus PHULPATI DEVI ----------- 2 26/8/2008 Heard counsel for the petitioner. In the opinion of this Court order of the court below fixing Rs. 1,000/- by way of payment of monthly maintenance from the date of filing of the application, i.e, 16.6.2005 in exercise of power under 125 of the Cr.P.C. does not suffer from any error. It has come on the record that the petitioner has earning of Rs. 5,000/- per month and therefore from this amount if a sum of Rs. 1,000/- is directed to be paid, the same cannot be said to be excessive or illegal. Counsel for the petitioner next submitted that as a matter of fact there was no reason for the wife to live separately and make a prayer for maintenance, in as much as, the petitioner is always ready to keep his wife with all dignity. Unfortunately, this part of submission of the petitioner has to be rejected on perusing the evidence of both the wife and her father, who have categorically stated that the wife had been driven away from the family of the petitioner and she was also repeatedly tortured mentally and physically because she had opposed and objected to petitioner all, along having clandestine relationship with his Bhabhi. In that view of the matter, this Court would not find any merit in this application. However, whatever has been said above or have been 2 recorded by the court below in the impugned order would not stand in the way of the petitioner if he chooses to instill confidence in his wife for restoring their conjugal life. With the aforementioned observation this application is dismissed. ( Mihir Kumar Jha, J.) Abhay Kumar