IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1048 of 2009 Yunush Mian @ Md.Yunush Mian son of late Nabi Hasan Mian, resident of village –Jaikatia Teliya Toala, Police Station- Majhoulia, District-West Champaran. Versus 1. The State Of Bihar. 2. Ujamila Khatoon wife of Yunush Mian, daughter of Md. Alam, at present residing at village-Khorha Police Station Sugauli, district- East Chamapran. ----------- 2 13.07.2011 This application has been filed against the order dated 11.05.2009 passed by the learned Principal Judge, Family court, Motihari in Maintenance Case No. 181 of 2008 by which petitioner has been directed to pay a sum of Rs. 5000/- per month as interim maintenance for his wife and four minor daughters with effect from 17.03.2009. Heard Mr. Bashishtha Narayan Mishra, learned counsel for the petitioner and Mr. Mustak Alam, learned counsel for the State. The main contention of the learned counsel for the petitioner is that petitioner is ready to maintain his wife and during the pendency of the proceeding under Section 125 Cr. P.C both the parties had also agreed to live together but he went to Kolkatta for his livelihood and his wife (Opposite Party No. 2) went to her parents’ house with her children and the second contention is that the petitioner is unable to pay a sum of Rs. 5000/- per month to Opposite Party No. 2 for maintenance. Learned counsel for the State submits that it appears from the impugned order itself that during the pendency of the 2 maintenance case both the parties had agreed to live together and Opposite Party No. 2 has gone to her Sasural for sometime. The petitioner maintained her and her children properly but only after some days he again started torturing her both physically and mentally. In spite of time granted to the petitioner he did not appear before the learned Principal Judge even after adjournment. After hearing the learned counsel for the parties and on perusal of the impugned order as well as other material available on the record it appears that during the pendecny of the maintenance case the petitioner and Opposite Party No. 2 lived together and he maintained her and her four children. But after sometime she has been tortured by the petitioner. Thereafter the petitioner did not appear before the learned Principal Judge in a proceeding even after giving adjournments. The amount Rs. 5000/- per month has been directed to be paid by the petitioner for maintenance of his wife and four minor children as interim maintenance. Considering the facts and circumstances stated above I do not find ground to interfere with the impugned order. This application is dismissed. However, it is open to the petitioner to file a petition before the learned Principal Judge under Section 126 (2) Cr. P.C. Prakash ( Amaresh Kumar Lal, J.)