IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.25256 OF 2008 GULZAR MIAN, SON OF SHEKHAWAT MIAN, RESIDENT OF VILLAGE RAM NAGAR KHAJURIYA, POLICE STATION HARSIDHI DISTRICT EAST CHAMPARAN VERSUS 1. THE STATE OF BIHAR 2. RAWAIYA KHATUN, WIFE OF GULZAR MIAN, RESIDENT OF VILLAGE RAM NAGAR KHAJURIYA POLICE STATION, DISTRICT EAST CHAMPARAN, DAUGHTER OF LATE ISRAIL MIAN, RESIDENT OF VILLAGE BANBIRWAN, POLICE STATION KOTWAN, DISTRICT EAST CHAMPARAN …………………………………………………………….OPPOSITE PARTIES ********** 4 27/08/2009 Heard learned Counsel for the petitioner and the Counsel appearing on behalf of the Opposite Party No. 2. This application has been filed for quashing the order dated 08.05.2008 passed by the Principal Judge, Family Court, Motihari in Matrimonial Case No. 83 of 2008 by which the Court below has directed the petitioner to pay Rs. 3,000/- per month as interim maintenance. Learned Counsel for the petitioner submits that the petitioner has only 3 kathas of land and he is a daily wage labourer and the Court below without considering the source of income has fixed the amount of Rs. 1000/- each for the maintenance of two children and the Opposite Party No. 2, whereas learned Counsel for the Opposite Party No. 2 submits that the petitioner has 15 kathas of land and infact the petitioner runs a small - 2 - business of selling miscellaneous items. Learned Counsel for the petitioner submits that it is almost impossible to pay the amount of Rs. 3,000/- per month as his income is not such that he can earn enough money to pay the amount of Rs. 3,000/- as to pay such an amount, he should atleast be earning Rs. 10,000/- per month. In the result, it would serve the purpose of justice if the petitioner would pay as in interim arrangement a sum of Rs. 2,000/- per month for the maintenance of the two children and the Opposite Party No. 2 until such time as the Court below fixes or decides the issues that have been raised in this case. In the result, this application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )