IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.485 of 2008 MANTU RAM S/O- SUCHIT RAM, R/O- MOHALLA R. BLOCK JHOPARPATTI, P.S.- SACHIVALAYA, DISTRICT- PATNA Versus 1. THE STATE OF BIHAR 2. BABY DEVI D/O- SRI VISHWANATH RAM, R/O- SHIVGANJ, P.S.- ARA, DISTRICT- BHOJPUR For the petitioner : Mr. Deoraj Kumar Prasad, Advocate For the State : Mr. Dr. Indiwar Kumari, APP ----------- 3 14.09.2010 Heard both sides. Petitioner is aggrieved by order 16.2.2008 passed by learned Principal Judge, Family Court, Bhojpur at Arrah in Misc. (Maintenance) case no. 92 of 2001/59 of 2005 whereby on a consideration of the entire materials brought on record by the parties, it has been found that the applicant-wife has been neglected, tortured and ousted from the matrimonial home and she is residing separately and is unable to maintain herself. So far as capability of the husband to pay the maintenance amount is concerned, a stand was taken in the Court below by the husband that he is a daily wager. The wife led evidence to show that petitioner-husband works in a wine shop and is also a tempo driver/khalashi. The income of the husband has been assessed close to Rs. 4,000/- From the evidence, it further appears that the husband is living with another lady and has to support the family including the children born from the said wed-lock/relationship. Learned counsel for the petitioner submits that he is still prepared to keep the applicant-wife with her in the house and 2 to maintain her. It is stated that findings about the actual income of the husband do not seem to be well founded. At this stage, learned counsel for the opposite party submits that she shall be satisfied with the lesser amount of maintenance provided the husband-petitioner pays off all the dues within a particular time frame. Having considered the submissions made on behalf of the parties, this Court, without disturbing the findings recorded by the learned court below, reduces the quantum of maintenance from Rs. 1500/- per month to Rs. 1100/- per month. Petitioner shall pay the entire arrear amount as per the quantification of maintenance amount in the present order within a period of six months from today and file appropriate affidavit in the court below. If it is found that the petitioner has defaulted in making payment of the arrear amount as per quantification of maintenance made by this Court in the present order, then in that event, the order of learned Principal Judge, Family Court, Bhojpur shall stand restored and the petitioner shall be liable to pay the amount @ Rs. 1500/- per month. pkj ( Kishore K. Mandal, J. )