IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.594 of 2007 YASHOMATI DEVI Versus RAMCHANDRA RAI ----------- 3 22/10/2008 Heard counsel for the petitioner. Pursuant to the order of this Court dated 21.8.2008, notices have been served on the sole opposite party on 25.9.2008 but no one appears on his behalf. Grievance of the petitioner in this application is confined to enhancement of amount of maintenance from Rs. 750/- as given by the Court to Rs. 1200/- as originally prayed by her in the proceedings under section 125 of the Code of Criminal Procedure. From the impugned order it would be found that when the maintenance case was filed in the year 2000 the Court had granted maintenance at the rate of Rs. 400/- per month, though many evidence were brought on the record to show that the parties had agreed for payment of Rs. 1200/- per month to the petitioner in Panchayati and in fact said agreement was also acted upon for some period and when payment thereof had been stopped to the petitioner, it led to institution of the proceedings under section 2 125 of the Code of Criminal Procedure at the instance of wife, petitioner. As the issue is only related to quantum of maintenance, this Court can safely take into account the admitted evidence on record which would go to show that the opposite party is definitely a pension holder and had been receiving pension of Rs. 4,500/- per month even as far back as in the year 2000. Thus if no other source of income of the opposite party is taken into consideration even then he is required to pay at least 1/3rd of his income for the maintenance of his wife who is said to be about 70 years of age. The demand of wife, petitioner herself is limited to Rs. 1200/- per month which is well within 1/3rd limit as generally approved by this Court in the matter of fixation of quantum of payment of maintenance. The impugned order does not disclose any reason as to how and on what basis Rs. 750/- per month was allowed by way of maintenance. This Court, in fact, wanted to ascertain any special feature from the opposite party, but as noted above, the 3 opposite party has not chosen to appear despite service of notice. In such a situation the impugned order to the extent of quantum of maintenance is modified and the amount of Rs. 1200/- per month is granted in place of Rs. 750/- and baring this modification in the amount, rest of the impugned order shall remain intact. With the aforementioned modification in the quantum, this application is allowed. ( Mihir Kumar Jha, J. ) Abhay Kumar