IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1775 of 2008 RAKESH PANDEY Versus DOLLY PANDEY ----------- 2 22/10/2008 Heard counsel for the petitioner. In the opinion of this Court the impugned order does not suffer from any jurisdictional error. There being only an order for payment of ad interim maintenance during pendency of the proceedings under Section 125 Cr.P.C. the husband petitioner will have all the opportunity to adduce his evidence prior to passing of a final order under Section 125 Cr.P.C. As a matter of fact, from the impugned order it also transpires that despite indulgence given to the petitioner he did not choose to appear and accordingly the court was compelled to pass order for payment of interim maintenance. The submission of counsel for the petitioner that the petitioner has income of Rs. 3,000/- only from the job that he is doing in Vishakhapatnam has to be only noticed for its being rejected. The petitioner had not produced any 2 evidence before the court below nor has be produced his recent pay slip before even this Court to inspire confidence in such submission. Counsel of the petitioner at this stage prays for an adjournment to produce his current pay slip. In the opinion of this Court, such opportunity had to be availed by the petitioner before the court below. In any even the petitioner can even nor do so specially when the issue is still to be finally adjudicated. It will be therefore open for the petitioner to produce his authenticated pay slip from his employer to show his present income which is a crucial factor for deciding the amount of permanent maintenance in terms of section 125 of the Code of Criminal Procedure. That being so, this Court would not find any reason to interfere with the impugned order and accordingly this application is dismissed with a direction to the petitioner to pay the arrears and current amount of ad interim maintenance as directed by the Court below in the 3 impugned order within a period of one month from the date of receipt/production of a copy of this order failing which it would be open to the court below to take appropriate coercive action against him for realization of the amount. ( Mihir Kumar Jha, J.) Abhay Kumar