IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.96 of 2009 MOHAMMAD JAHUR Versus MEHRUN NISHA ----------- 03. 14.09.2010 By the order impugned, the applicant-wife has been directed to be paid a sum of Rs.1000/- by way of maintenance from the date of the order. Learned trial court in paragraph 5 has noted down the admitted position appearing from the pleadings of the parties. It appears that one of the grounds taken by the husband-petitioner was that he has s already divorced his wife. Learned trial court has found that there was no evidence as to the observance of legal formalities of Talaque as per settled law. The court below has also taken note of the fact that the husband is bound to pay the maintenance amount till the wife re-marries even if the Talaque as claimed by husband is proved. The capability of the petitioner to pay the amount has also been considered and thereafter a reasonable view has been taken so far as the quantum of maintenance is concerned. This Court finds no merit in this application which is accordingly dismissed. hr ( Kishore K. Mandal )