IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.314 of 2006 SANJAY KUMAR ……Petitioner Versus 1. STATE OF BIHAR 2. ANJU DEVI …….Opposite parties. ----------- 8. 04.12.2008. This Cr. Revision has been preferred against the order dated 6.3.2006 passed by Principal Judge Sasaram, Rohtas in Maintenance Case No. 21 of 1999 thereby the petitioner has been directed to pay maintenance to opposite party no. 2 at the rate of Rs.1250 per month from the date of the application. Both the parties are physically present along with their respective lawyer. Heard learned counsel for the parties as well as the parties. Efforts were taken for settlement between the parties. But it is submitted by opposite party no. 2 that due to torture meted out to her she is not willing to live with the husband/petitioner. The submission of learned counsel for the petitioner is that during the pendency of the application he gave Rs.40,000/- to opposite party no. 2 and the same was fixed deposited in Banjari Branch, Allahabad Bank. However, no document has been filed in support of above submission. On the other hand, opposite party no. 2 has vehemently denied the receipt of any such amount. In course of the enquiry she has also denied the same in her evidence. Admitted position is that opposite party no. 2 is a legally wedded of the petitioner. Income of the petitioner has been assessed as Rs.8000-9000 per month by the court below. - 2 - Under the facts and circumstances, I am not inclined to interfere in the impugned order of maintenance or the quantum of maintenance. Accordingly, this Cr. Revision is dismissed. However, keeping in view the amount of arrears, the petitioner is directed to pay the arrears amount from the date of the application to the date of the order in five equal instalments within one year of this order, failing which the opposite party no. 2 shall be at liberty to take appropriate action against the petitioner. kanchan (Ghanshyam Prasad, J.)