IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.597 of 2006 MD. AYAZ, S/o Late Md. Nawab, R/o Village-Lai, P.O.- Lai, P.S.-Bihta, District- Patna. …….. Petitioner Versus 1. STATE OF BIHAR 2. Sabana Khatoon, D/o Ahmad RAza, W/o Md. Ayaz, at present residing at MOhalla Bakarganj, Bari Path, P.S.- Kadamkuan, District- Patna. ……… Opposite Parties. For the petitioner : Mr. A.K.Thakur, Advocate. For the State : Mr. J.K.Singh No.1, Advocate. ----------- 8. 09-09-2010 Learned counsel for the petitioner is present. Nobody appears on behalf of the opposite party. Perused order dated 26-06-2006 passed by learned Principal Judge, Family Court, Patna whereby the O.P. No. 2- applicant was found entitled to maintenance and a sum of Rs. 4000/- was directed to be paid as maintenance to the O.P. No. 2 and her daughters from the date of passing of the order along with the litigation cost of Rs. 5000/- in one lump sum. So far as the findings with regard to marriage and the status of the two daughters staying with mother is/are concerned, the same appears to be based on correct evaluation of the evidence on record. So far as the quantum of maintenance is concerned, it appears that the evidence is at variance. Learned trial court has not been able to record a finding about the 2 actual income/earning of the husband. However, the wife and the two daughters are definitely entitled to get proper maintenance from the present petitioner- husband. Taking over all view of the matter as emerging from the order impugned, this court is satisfied that O.P. no. 2 and her two daughters should be paid a sum of Rs. 3000/- per month in stead of Rs. 4000/- as directed under the impugned order. With this modification in the quantum of maintenance amount, the application is dismissed. The petitioner shall pay the arrears of amount falling due within five months from the date of passing of present order. Sujit (Kishore K.Mandal,J.)