IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.897 of 2007 MD.SHAMIMUDDIN Versus STATE OF BIHAR & ANR ----------- 3 16.9.2008 This revision application has been preferred against the order dated 7.5.2007 passed by the Principal Judge, Family Court, Jamui in case No. 11M/2001 thereby the petitioner has been directed to pay maintenance at the rate of Rs.1000/- per month to opposite party no.2 . Heard learned counsel for the parties. Submission of learned counsel for the petitioner is that the petitioner is ready to keep the opposite party no.2 as wife and to maintain her according to her entitlement. However, on perusal of the impugned order particularly paragraph 8 it appears that the court below after consideration of entire facts and circumstances has clearly held that the opposite party no.2 was subjected to physical and mental torture by this petitioner and his family members. The petitioner has also remarried with another girl. In the circumstances, opposite party no.2 cannot live with the petitioner. She is legally entitled to live alone and demand maintenance from the petitioner, who is admittedly the husband. Thus, having regard to the facts and circumstances of the case, I find no merit in this application. Accordingly, the revision application stands dismissed. The petitioner is directed to pay maintenance as directed by the court below. B.Jha (Ghanshyam Prasad) - 2 -