IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.131 of 2008 SURENDRA SAH @ ROSHAN SAH Versus RADHIKA DEVI ----------- 2 8.9.2008 Heard Counsel for the petitioner. In the opinion of this Court, a sum of Rs. 600/- per month by way of maintenance under Section 125 of the Code of Criminal Procedure, cannot be said to be excessive. When one goes to the pleadings including the application filed by the wife and the findings recorded by the Court below in the light of the evidence, the order granting maintenance can also not be said to be illegal inasmuch as it has been a case of the wife that some disputes or others leading to a number of criminal cases between the parties have been filed as a result whereof they are not in a position to live together. In such a situation, when there is also an evidence to substantial neglect of the wife opposite party by the husband petitioner, this Court would not interfere with the order granting maintenance. At this state, Counsel for the petitioner would submit that the petitioner infact is keenly patch up his difference for living together with his wife, the opposite party. If that be so, the petitioner may approach the Family Court for making another attempt for amicable 2 settlement. If the Family Court would find that the wife too is willing to live together her husband (petitioner) without any reservation, the Court below will pass an appropriate order to this effect in terms of Section 127 of the Code of Criminal Procedure. As this Court has found no reason to interfere with the impugned order, such amount of maintenance as passed by the Court below both arrear and current must be paid by the petitioner. Counsel for the petitioner has submitted that the petitioner may be given six months time to pay the arrears as the arrears itself would be to the tune of Rs. 80,000/- approximately. This Court would however find that even the Court below had granted four installments to the petitioner but the petitioner did not choose to pay any amount. Accordingly, this Court would direct the petitioner to pay the first installment of Rs. 10,000/- within fifteen days from today. The remaining five installments of Rs. 14,000/- each to be paid by the petitioner on 15th October 2008, 15th November 2008, 15th December 2008 and 15th January 2009. It goes without saying that the current amount from the month of September payable in the month of October onwards will be paid by the petitioner by 5th of every month. Such payment will be 3 made without any default and until any order is passed under Section 127 of the Code of Civil Procedure. The arrears which has already accrued and is payable by the petitioner in terms of the impugned order however would not be disturbed and the scope of the order under Section 127 Cr.P.C. if any would be only prospective. With the aforesaid observations and directions, this civil revision application is hereby disposed of. Rsh (Mihir Kumar Jha, J.)