IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2280 of 2005 SATYA PRABHA KUMARI @ SATYA PRABHA SINHA Versus AJAY KUMAR ----------- 11. 26.9.2008 Heard counsel for the parties. In the opinion of this Court when the marriage of the petitioner with the husband opposite party is admitted as also the past experience of both of them makes it impossible for them to live under one roof, the only way in which they can survive is to stay separately and the stronger of the two to also provide means for the weaker person. In this case it is an admitted position that the husband opposite party is the stronger person being an Assistant Station Master in the Railways, therefore, has an assured source of income, where as the wife petitioner is unemployed having no income of her own. That being so, this Court would hold that the husband opposite party who is said to be sharing and enjoying his relationship outside the marriage, with another lady, namely, Rupa Kumari, is definitely under obligation to pay monthly maintenance to the petitioner who infact is 2 admitted his first and only legally wedded wife. As a matter of fact when this Court had indicated to the counsel for the husband opposite party that the petitioner is entitled for monthly maintenance and in fact should be paid 1/3rd of his salary of the counsel for the opposite party would come out with an offer that the opposite party will pay necessary maintenance for the petitioner in terms of the provisions of section 125 Cr.P.C. but such amount should not be 1/3rd of the salary but should be confined to 1/5th of the salary which amount would be paid by the opposite party without any demur or protest. This Court would appreciate the gesture shown by the counsel for the opposite party and would, therefore, accept his offer. Consequently this revision application with the consent of the parties is disposed of by directing the controlling authorities of the opposite party to deduct 1/5th of the gross salary of the opposite party from the date of this order and pay the same to the petitioner every month religiously and punctually. It is however 3 made clear that for the earlier period i.e. till the month of August 2008, the petitioner will get only a sum of Rs. 1500/- per month as directed by this Court in its interim order dated 8.5.2007. If any amount of arrear, from the month of May, 2007 and till August 2008 has not been paid or bank draft for such payment given by the opposite party in the name of the petitioner were bearing incorrect name, the same shall be got corrected by the opposite party and given afresh to the petitioner so as to ensure that the entire arrear from the month of May, 2007 to August, 2008 at the rate of Rs. 1500/- is paid to the petitioner within a period of one month from the date of receipt/ production of a copy of this order. As stated above, from the month of September, 2008 the petitioner will get 1/5th of the gross salary of the opposite party which will be deducted from his salary and would be deposited in the Bank account of the petitioner, details whereof would be made available by the petitioner to the controlling authority of the opposite party. Mr. Subodh Prasad, learned counsel 4 Surendra/ for the petitioner, has handed over all the 11 drafts allegedly in the wrong name of the petitioner to the counsel for the opposite party for its being either corrected and/or revalidated or replaced for its actual payment to be made to the petitioner in terms of the order of this Court dated 8.5.2007. Mr. Sanjay Kumar Ghosarrey, counsel for the opposite party, assures this court that the opposite party would take immediate steps for modification/ correction of the name of the petitioner in bank draft(s) so as to ensure that the amount of draft is paid to the petitioner within a period of two months from today. In view of above, the order passed by the court below with the counsel of both the parties is set aside and this application is disposed of in the light of aforementioned agreed terms and conditions with a direction to the husband opposite party to strictly comply the undertakings as recorded in this order. (Mihir Kumar Jha,J.)