IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.206 of 2007 UDAY PRAKASH PATHAK Versus STATE OF BIHAR & ANR ----------- 7. 3.9.2008. This application has been filed against the order dated 17.1.2007 passed by Principal Judge, Family Court, Gopalganj in Misc. Case No. 146 of 2004 thereby the petitioner has been directed to pay interim maintenance of Rs.1500/- per month to opposite party no. 2. Heard learned counsel for the petitioner. No one appeared on behalf of opposite party in spite of repeated calls. The only submission of learned counsel for the petitioner is that opposite party no. 2 herself by filing an application before the lower court prayed for interim maintenance of Rs.500/- per month. However, court below has granted interim maintenance at the rate of Rs.1500/- per month which is quite illegal and bad in law. In support of it, learned counsel for the petitioner referred to annexure-3, the photo copy of petition filed for interim maintenance. Considered the submission of learned counsel for the petitioner and perused annexure-3 as also the order in question. It is quite apparent that the court below has granted interim maintenance contrary to the prayer made by the opposite party no. 2. Opposite party has prayed for interim maintenance of Rs.500/- per month only but the court below has granted interim maintenance of Rs.1500/- per month. Having regard to the facts and circumstances, the quantum - 2 - of interim maintenance granted by the court below is hereby modified to the extent of Rs.500/- per month as claimed by opposite party no. 2. With the above modification in the impugned order, this application is disposed of. Court below is also direct to finally dispose of the case within a period of three months from the date of receipt of this order. kanchan (Ghanshyam Prasad, J.)