IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.443 of 2006 SURAJ SINGH Versus THE STATE OF BIHAR & ANR ----------- 4 31.7.2008 This revision application has been filed against the order dated 9.3.2006 passed by the Principal Judge, Family Court, Sasaram, Rohtas in Maintenance Case No.11/01 thereby the court below has directed the petitioner to payRs.1250/- per month to opposite party no.2 under Section 125 of the Code of Criminal Procedure. The only grievance of learned counsel for the petitioner is that the opposite party no.2 in her application under Section 125 of the Code of Criminal Procedure demanded maintenance of Rs.500/- per month but the court below has awarded maintenance at the rate of Rs. 1250/- per month. On the other hand, learned counsel for opposite party no.2 submitted that the case was lodged in the year 2001 and the order was passed in the year 2006 and, therefore, the court below has rightly ordered to pay maintenance at enhanced rate. Considered the submission of both parties. Perused the impugned order. Having regard to the facts and circumstances of the case as well as the capacity of the petitioner as also the fact that the petitioner has five children from his second wife, I am of the opinion that the amount of maintenance granted by the court below is disproportionate to the paying capacity of the petitioner. Accordingly, the order in question is modified and the petitioner is directed to pay Rs.700/- per month as maintenance to Opposite Party no.2 instead of Rs.1250/0 per - 2 - month. With the aforesaid modification in the amount of maintenance awarded by the court below, this application stands rejected. B.Jha (Ghanshyam Prasad)