IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.168 of 2007 BIJOY NARAYAN SINGH @ BIJAY NARAYAN SINGH Versus STATE OF BIHAR & ANR ----------- For the petitioner: Mr.Rajiv Ranjan, Advocate. For the O.P.No.2:Mr.Vijay Kumar Bhagat,Advocate. For the State :Mr. Parmeshwar Mehta, A.P.P. 4 6.2.2009 Heard the learned counsel for the parties. The petitioner has filed the revision application against the order dated 14.11.2006 passed by Principal Judge, Family Court, Bhojpur, Ara in Misc. Case No.121/03 / 137/05 whereby the learned Judge has allowed the petition under Section 125 of Cr.P.C. and directed the petitioner to pay maintenance @ Rs.4000/- per month from the date of filing of the petition, i.e., 8.12.2003. O.P.no.2, Sheela Singh, filed an application under Section 125 of the Cr.P.C. before the Principal Judge Family Court, Bhojpur, Ara,praying therein for grant of Rs.6,000/- per month as maintenance.She claimed that her husband was drawing a gross salary of more than Rs.15,000/- per month apart from his earning from cultivation, which comes around Rs.50,000/- per year.The petitioner appeared in the maintenance case 2 and stated that his salary is about Rs.10,000/- per month and he does not possess any agricultural income. However, he does not deny the factum of marriage. The learned counsel for the petitioner submits that he has two children from their wed lock. He further submits that O.P.no.2 is a teacher in a school and earns handsome amount and the petitioner has to maintain and educate his two children as also his old parents.The witnesses were examined by the Principal Judge. Both sides adduced evidence in support of their claim. The learned counsel for the opposite party no.2 submits that earlier she had instituted Matrimonial Case No.153 of 1999 in the Court of District Judge, Birbhum in the State of West Bengal. The District Judge allowed her alimony of Rs.4000/- per month which remained unaltered up to High Court Kolkata. The Civil Revision No.1470/01 preferred by the petitioner failed. In the deposition P.W.1 stated that the salary of the petitioner has increased to Rs.17,000/- per month besides other allowances. 3 The learned Principal Judge after considering the evidence on record directed the petitioner to pay maintenance of Rs.4000/- per month. The petitioner being aggrieved by the impugned order in respect of quantum of maintenance filed the instant criminal revision application. On 4.5.2009 the petitioner submitted before this Court that he has no objection towards paying an amount of Rs.2500/-only towards maintenance. This Court while noticing the aforesaid submission issued notice to O.P. No.2 and directed that in the meantime the petitioner will continue to pay Rs.2,500/- per month to O.P.No.2. Pursuant to the notice, O.P.No.2 appeared. This Court vide order dated 12.8.2008 directed the petitioner to file up-to-date pay slip. Pursuant to the order dated 12.8.2008, the petitioner filed supplementary affidavit annexing copy of pay slip. The salary slip shows that the petitioner is getting a sum of Rs.12,984.00 only per month. The right side of the pay slip contains 4 deduction. The total deduction is of Rs.11,474.00 leaving net pay Rs.12,984.00. The deduction also includes Rs.2500/- as Miscellaneous, Rs.1500/- as Festival advance, and Rs.5,041.00 as Term loan. If term loan and festival advance is not deducted from gross pay the sum being received by petitioner would be something over Rs.19000/- per month. If maintenance of Rs.4000/- is deducted from the aforesaid salary, the petitioner would be still having Rs.14,025/- to take care of his son, daughter and himself. In this view of the matter this Court finds no infirmity in the order of the learned trial court granting maintenance of Rs.4000/- per month to O.P. no.2. As such the petitioner is directed to pay O.P.No.2 Rs.4000/- per month w.e.f. 8.12.2003 up to 4.5.2007 pendentelit, save and except at the rate of Rs.2500/- per month from 9.5.2007 till date of passing of this order. With the aforesaid modification this writ application is disposed of. However, easy instalment may be 5 apportioned for the payment of arrears. Let a copy of this order be forwarded to concerned S.B.I. Office of the petitioner. Anilksinha (Samarendra Pratap Singh,J.)