IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.306 of 2007 SHIVDANI PRASAD Versus THE STATE OF BIHAR & ANR ----------- 5 04.09.2008 This application has been filed against the order dated 3rd February, 2007 passed by Principal Judge, Family Court, Biharsharif, Nalanda in Case No. 67(M)/2000, whereby the petitioner has been directed to pay maintenance of Rs. 800/- per month to the Opposite Party No. 2. Heard learned counsel for the petitioner. Opposite Party No. 2 does not appear in spite of service of notice. Submission of the learned counsel is that he is still ready to keep the Opposite Party No.2 but the Opposite Party No.2 is not willingly to live with the petitioner. Further submission is that the petitioner is a daily wage earner. He is not able to pay separate maintenance to the Opposite Party No. 2. Considered the submission of the learned counsel for the petitioner and perused the impugned order. On perusal of impugned order, it is quite apparent that the court below has considered the evidence as well as other materials and has rightly allowed the prayer for maintenance. - 2 - However, it appears from the impugned order that the petitioner is a daily wage earner. He is not able to pay maintenance of Rs. 800/= per month. Maintenance of Rs. 500/= per month is sufficient to meet the ends of justice. Accordingly this application is dismissed with modification in maintenance. Petitioner is directed to pay Rs. 500/- instead of 800/- per month. Kundan (Ghanshyam Prasad, J.)