IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1857 of 2008 BIR LAL SAH Versus THE STATE OF BIHAR & ANR ----------- 2 14/11/2008 Heard counsel for the petitioner. While this Court would not find any error in fixing Rs. 2,100/- per month by way of maintenance under section 125 of the Code of Criminal Procedure, grievance of the petitioner seems to be genuine that such order of maintenance should not be allowed to be continued for ever. Counsel for the petitioner would submit that the petitioner has already filed an application under section 9 of the Hindu Marriage Act seeking restitution of conjugal right. In fact, he is also interested in keeping his wife with him, but it is on account of the impugned order that such effort will be wasted. He would also submit that the wife- opposite party is deliberately avoiding service of notice in the aforementioned matrimonial case before the same Family Court being Matrimonial Case No. 99 of 2007. Considering the aforementioned submissions, while this Court would not 2 interfere with the impugned order and would infact direct the petitioner to pay the amount as directed by the court below within a period of one month from the date of receipt/production of a copy of this order it would also at the same time direct the court below to club both the cases together and dispose it of after conducting side by side hearing. With the aforementioned observation/direction this application is dismissed. ( Mihir Kumar Jha, J. ) Abhay Kumar