IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.735 of 2008 JAG NARAYAN SINGH S/O- SHRI HARIHAR SINGH, R/O- VILLAGE SILAUNDHA, P.S.- DANGRI, DIST. KAIMUR, (BHABHUA). Versus 1. THE STATE OF BIHAR 2. SHUSHILA DEVI, D/O- SHRI BIKRAMA SINGH, R/O- VILLAGE- BARDIHA, P.S.- NATWAR, DISTT- ROHTAS (SASARAM) For the petitioner : Mr. Kumar Vishaka Nand, Advocate For the O.P. : Mr. Manoj Kumar, Advocate For the State : Mr. R.S. Choudhary, APP ----------- 3 13.09.2010 Heard both sides. The only submission advanced on behalf of the petitioner is that looking at the finding that the petitioner is possessed of only four bighas of agricultural land to his share, the finding that he was earning a sum of Rs. 5,000/- per month is not reasonable. By the order impugned dated 27.5.2008 passed in Maintenance Case no. 30 of 2004, learned trial Court has found that the entire family holds 22 bighas of land out of which the petitioner shall have share of four bighas only. There is no other source. Learned trial court has found that in view of these facts appearing from record, the monthly income of O.P. (husband- petitioner) can reasonably be assessed at Rs. 5,000/- Learned counsel for opposite party, on the other hand, submits that a huge amount of arrear is outstanding which the petitioner has to pay. It is agreed between the parties that if the amount of maintenance is reduced to a sum of Rs. 1,100/-, the husband-petitioner shall pay entire arrear within five months from the date of the present order. In that view of the matter, this Court disposes of the 2 present application by the following order:- The maintenance amount as fixed under the impugned order is reduced to a sum of Rs. 1,100/- which shall be payable on month to month basis from the date of filing of the application. The arrear amount shall be paid by the petitioner within five months from the date of the present order and an affidavit shall be filed in the court below about the entire payment of arrear in favour of O.P. no. 2. If the petitioner defaults in making payment of the entire arrears as per the present order @ Rs. 1,100/- per month payable from the date of filing of the application then the impugned order dated 27.5.2008 shall stand restored and the petitioner shall be liable to pay a sum of Rs. 1,500/- per month. pkj ( Kishore K. Mandal, J. )