IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.470 of 2007 IBRAHIM ANSARI Versus STATE OF BIHAR & ANR ----------- 3. 12.8.2008. This application has been filed for setting aside the order dated 5.1.2007 passed by Principal Judge, Sasaram, Rohtas in Maintenance Case No.54 of 2005 thereby the petitioner has been directed to pay maintenance of Rs.1500/- per month to the opposite party no.2. Heard the learned counsel for both the parties. The admitted fact is that the opposite party no.2 is wife of the petitioner. The plea of divorce has been taken by the petitioner. However, on perusal of the impugned order, it appears that after examination of the witnesses and consideration of various decisions of the apex court, the court below has rightly rejected the plea of divorce taken by the petitioner. The submission of the learned counsel for the petitioner is that the petitioner is not capable to pay Rs.1500/- per month as maintenance to the opposite party no.2. The petitioner was earlier working in Gujrat but at present, he is living in village and cultivating lands on batai. The learned counsel for the opposite party no.2 contested the submission of the learned counsel for the petitioner. However, ultimately, he became ready to receive Rs.1,000/- instead of Rs.1500/- as ordered by the court below. - 2 - N.H./ Having regard to the facts and circumstances as well as the capacity of the petitioner, the order in question is hereby modified. The petitioner is directed to pay Rs.1,000/- per month instead of Rs.1500/- per month as maintenance to the opposite party no.2. The arrear as well as the current maintenance amount must be paid to the opposite party no.2 as directed in the impugned order. Accordingly, this application is disposed of at admission stage with above modification in the quantum of maintenance. ( Ghanshyam Prasad )