IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2661 of 2008 RITESH KUMAR Versus SMT.RASHMI KUMARI ----------- 2. 5.2.2009 Heard Mr. Vindhyachal Singh, learned counsel for the petitioner and Mr. Pramod Kumar, learned counsel for the wife opposite party. This application has been filed for modifying the order of this Court dated 5.9.2008. Mr. Singh submits that the liability of the petitioner in complying the order dated 5.9.2008 comes to around Rs. 2 lacs and the petitioner is not in a position to pay the entire amount in one go. Counsel for the petitioner, therefore, would submit that the order of this Court dated 5.9.2008 should be modified to the extent that the petitioner apart from paying the current amount of Rs. 5000/- would clear the arrears of the amount in 12 equal instalment. Mr. Singh has clarified that due to some error on the part of the Bank of the petitioner the earlier payment of Rs. 60,000/- made by the cheque could not be encahsed but then the said amount being part of the arrears, 2 will definitely be made available and in case the wife opposite party has not drawn she may still draw the amount by presenting the same cheque. Counsel for the wife opposite party, however, has opposed any modification in the order on the ground that the wife is alone and has not only to look after herself but also the minor child and therefore, if the amount as directed to be paid in one lump sum on 5.9.2008 in C.R.No. 1375/2007, is not paid to her, it would be very difficult for her to sustain. This Court considering the fact that the petitioner is an Inspector in Central Excise and has over all monthly income even after taking into account his residential house cannot exceed a sum of Rs. 20-25 thousand and therefore, if the petitioner has asked for payment of such amount in instalment, the same cannot be refused. As a matter of fact after the payment of Rs. 60,000/- if the wife opposite party still is assured a sum of Rs. 20,000/- approximately (5000/- being the current amount), that will definitely enable her to 3 sustain herself. It has to be realized that even the petitioner has to maintain himself and his dependent family members. That being so, this Court would modify its order dated 5.9.2008 by directing the petitioner to pay the current amount of Rs. 5000/- on month to month basis and pay the arrears of amount in 12 equal monthly instalment which shall be also paid to the wife opposite party alongwith the current amount. In case there is any default on the part of the petitioner in making payment for whatsoever reason, the petitioner will be liable to pay an additional amount of Rs. 1000/- per month by way of default. This application is accordingly, disposed of. (Mihir Kumar Jha,J.) Surendra/