IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.288 of 2008 GANESH NAYAK Versus KUMAR NAVNEET @ NIKKI NAYAK ----------- 2 11.09.2008 Heard counsel for the petitioner. In the opinion of this Court payment of an amount of Rs. 800/- per month by way of interim maintenance to a minor son, the opposite party by his father, the petitioner cannot be said to be either excessive or illegal, specially when no plea was taken by the petitioner in the court below as with regard to paucity of fund or limited income in the rejoinder filed by him. The only plea of the petitioner that he being a natural guardian was himself ready to keep his son with him, could not have been gone into in a proceeding under Section 125 Code of Criminal Procedure (Cr.P.C.) specially when there is some sort of controversy arising out of the suspicious circumstances in which the mother of the child had died. Be that as it may, this order of maintenance will only continue till the petitioner initiates and/or gets an order of an appropriate Court with regard to the custody of the child as his natural guardian. The moment such an order is passed in his favour the petitioner he would be at liberty to approach the appropriate Court under Section 127 Cr.P.C. seeking alternation in the impugned order allowing maintenance for his son. . With the aforementioned observations and directions this application is dismissed. Bibhash (Mihir Kumar Jha, J.)