IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.334 of 2008 AMITESH KUMAR Versus RANI DEVI ----------- 3 12.9.2008 Heard Counsel for the petitioner. In the opinion of this Court, the impugned order directing the petitioner to pay Rs. 3,000/- by way of interim maintenance in a proceeding under Section 125 of the Code of Criminal Procedure (Cr.P.C.), does not suffer from any jurisdictional error. The plea of the counsel for the petitioner that the opposite party wife will not be entitled for any amount of maintenance under Section 125 of the Cr.P.C. merely because she has already been given Rs. 1500/- by way of maintenance in a proceeding under Section 24 of the Hindu Marriage Act is to be noticed for its being rejected. The petitioner had filed initially a divorce suit and in that divorce suit, a sum of Rs. 1500/- was fixed in the year 2001. That divorce suit ended in favour of the wife meaning thereby the divorce was not maintainable. There is a first appeal arising out of that order refusing to grant divorce to the petitioner pending before this Court and accordingly, the petitioner has continued with the amount of Rs. 1500/- in that proceeding. 2 Subsequently, after almost five years, the wife filed this application under Section 125 of the Cr.P.C. on a plea that a sum of Rs. 1500/- was wholly insufficient. The Court below by way of an order of interim maintenance has fixed a sum of Rs. 3,000/- after taking into consideration the pleadings on record which would go to show that not only the petitioner had a regular flow of income but also that he was running whole-sale business of cosmetics. This additional plea taken by the wife in her additional petition filed on 10.10.2007 replied by the petitioner that he had no such business at Kolkata has been considered and rejected. In that view of the matter, the Court below cannot be said to have committed any jurisdictional error in fixing a sum of Rs. 3,000/- per month by way of monthly maintenance. There Court would therefore find no error in the impugned order and accordingly, this civil revision application is hereby dismissed. Rsh (Mihir Kumar Jha, J.)