IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1570 of 2010 YOGENDRA KUMAR . Versus NAYAN TARA . For the petitioner : Mr. Pramod Kumar Singh, Advocate. For the O.P : Mr. Aditya Narain Singh & Mr. Kundan Kumar Sinha, Advocates. For the State : Mr. Mukeshwar Dayal, APP ----------- 02 28.04.2011 Heard learned counsel for the petitioner, opposite party no.2 and the State. Petitioner is husband. He is aggrieved by the order dated 25.09.2010, passed by Principal Judge, Family Court Motihari in Maintenance case no. 203 of 2008, whereby after considering the show-cause filed on behalf of the petitioner, learned Court below granted interim maintenance in the sum of Rs. 4000/- (Four thousand) per month payable to the wife/opposite party effective from the date of application of interim maintenance i.e. (02.02.2009). Diverse submissions made on behalf of the petitioner in order to show that grant of interim maintenance, in the facts and circumstances of the case, is contrary to record. Learned counsel appearing on behalf of the sole opposite party, on the other hand, supported the impugned order. Having heard the parties, this Court modifies the operative portion of the impugned order in the following manner:- Petitioner would be liable to pay interim maintenance in the sum of Rs. 4000/- (Four thousand) per month to his wife/opposite party w.e.f. 01.10.2010. If the entire amount of maintenance payable up to 31.03.2011 is/are paid within 02 2 months from today to the wife/opposite party by Demand Draft drawn in her name and/or deposited in the Court below for the use of the applicant/opposite party/wife, the Court below shall not take any coercive action against the petitioner. If any amount has been paid by the petitioner after the impugned order, the same shall be set off from the amount to be paid/deposited in terms of the present order. If the petitioner fails to pay/deposit entire amount falling due, within the aforesaid time, the order granting maintenance in the sum of Rs. 4000/- (Four thousand) w.e.f. the date of filing of the application (02.02.2009) by the applicant/wife/opposite party shall revive and will be given effect to by the Court below. This Court, however, clarifies that grant of interim maintenance by the Court below and modified by this Court shall not prejudice the case of the parties at the time of final disposal of the case on merit. With the aforesaid modification in the impugned order the application stands disposed of. Sym (Kishore K. Mandal, J.)