IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. NO.1109 OF 2007 MD.ANWAR @ CHHOTU VERSUS (1) THE STATE OF BIHAR & (2) BIBI ISRAT @ BIBI SHAHJAHAN ----------- 3 08.05.2009. Heard learned counsel for the parties. The instant revision application has been filed against order dated 11.7.2007, passed by Principal judge, Family court, Bhagalpur in Misc case no. 82 of 2003, whereby the petitioner has been directed to pay maintenance of Rs 500/- per month to the opp party no. 2. Learned counsel for the petitioner assails the impugned order on the ground that at time of alleged marriage he was a minor and the same was performed forcefully by kidnapping him. His father had even lodged a case in this respect against father of opp party. Furthermore, the learned lower court has not assessed his financial capability while directing payment of maintenance of RS 500/- under the provisions of section 125 of the Code of Criminal Procedure. So far petitioner’s claim that he was married forcefully and he was minor at the time of marriage in question, the same can only be decided in an appropriate proceeding, brought forth by any of the parties. The trial court has no where discussed the issue of payment of maintenance. The grievance in this respect seems to have some substance, as such, this Court remands the matter to the trial court for assessing the financial capability of the petitioner for - 2 - paying maintenance to opp party, which would be considered and disposed of by it within four months of the date of receipt of this order. However, the petitioner would continue to pay the maintenance at rate of Rs 400/-month by the 10th of the subsequent month, till the matter is decided by the court below. Furthermore, he would pay the arrears of maintenance in 15 equal monthly instalments at aforesaid rate. The revision application is disposed of accordingly. Shashi. (S.P.Singh,J).