IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1577 of 2007 NARESH SHARMA, SON OF RAM SHARMA RESIDENT OF VILLAGE HARDI MOH P.S. KHAIRA, DISTRICT JAMUI …PETITIONER Versus 1. THE STATE OF BIHAR 2. BACHHI DEVI WIFE OF NARESH SHARMA, RESIDENT OF VILLAGE HARDI MOH, P.S. KHAIRA, DISTRICT JAMUI …OPPOSITE PARTIES ----- 3. 26.08.2010 Heard counsel for the parties. Petitioner is aggrieved by the order dated 25.09.2007, passed by learned Principal Judge, family Court, Jamui in Misc. Case No.23/2004, whereby on a consideration of materials placed on record it has been found that applicant wife(o.p.no.2.herein) is entitled to maintenance in a sum of Rs.700/- per month which was directed to be paid to her with effect from the date of order, i.e. 25.09.2007. Learned counsel for the petitioner submits that admittedly the petitioner is physically challenged. This factum has been found true in the court below. It is also the admitted position that out of eight decimals of land which the husband held, four decimals of land have already been alienated in favour of applicant wife. It is also admitted position that the wife is living separately since last several years with the son who is earning member in the family and reside with mother. It is also an admitted position that the wife is earning a sum of Rs.400/- only. Learned court below on the strength of materials on 2 record, has come to the conclusion that the husband has the potentiality to pay as maintenance to the wife as sum of Rs. 400/- was not found enough for her livelihood. Trial Judge found that she is residing separately and a criminal case is pending between them. As about the income of husband, there appears to be some disputes. Learned trial court has found that when a compromise was being entered into between the parties (presumably in connection with criminal case), a sum of Rs.10,000/- was paid to her in lump sum. The case of the petitioner is that he had saved the said amount for his last rites. The case of the wife is that the husband is doing carpentry work and is earning close to 300/- per day. I have heard both sides and perused the materials on record. The applicant wife is residing with the son who seems to be earning member. She is earning a sum of Rs.400/- from her own resource. The husband has been found to be ailing one, in fact, physically handicapped and he is suffering from ailment for which money is required. There is no clear-cut finding on record about the actual income of the husband. Learned trial court has only found him potential enough to pay the amount on a consideration that at one point of time he had paid a sum of Rs.10,000/-. Even if it is accepted that he is doing carpentry work, the same will not be sufficient to support him and his alleged second wife and also to meet his medical requirements. Having regard to all these aspects of the matter, I am 3 of the view that a sum of Rs.500/-, in the facts and circumstances of the case, be fixed as maintenance payable by husband to the wife. Having fixed the aforesaid quantum, this court further directs that the said amount shall be payable to the wife(o.p.no.2) with effect from the date of the order(22.09.2007). The amount, if any, lying due shall be paid to o.p.no.2 in four equal instalments but within five months from the date of the present order. The application stand disposed of with the aforesaid observations/directions. hr ( Kishore K. Mandal )