IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1940 of 2008 SRI KRISHNA KUMAR JHA Versus SMT. SABITA DEVI & ANR ----------- 3 16.01.2009 Heard counsel for the parties. Reference may be made to the earlier order of this Court dated 4.12.2008. Pursuant thereto, both the husband and wife, petitioner and opposite party respectively, are present in person. In view of the fact that the husband-petitioner has alleged adultery on the part of the wife-opposite party and the wife-opposite party has alleged that the husband-petitioner has performed a second marriage in her lifetime, this much becomes clear that now they cannot stay under the same roof and thus the possibility of mutual settlement is apparently ruled out. That being so, the only other question which would remain to be answered in this case is the quantum of amount of maintenance. The Court below has held the husband petitioner liable to pay a sum of Rs. 1500/- per month which according to the wife-opposite party, is wholly inadequate for maintaining herself and the minor child. Keeping that in view this Court in the earlier order had directed the petitioner-husband to produce his authenticated salary statement. From a perusal of the - 2 - same it would transpire that the petitioner is capable of at least earning a sum of Rs. 7,500/- per month approximately. In that view of the matter, the petitioner must share at least 1/3rd of his income for maintenance of the wife and the child. Accordingly, the order of the Court below is modified and the petitioner is directed to pay a sum of Rs. 2,500/- per month from the month of January, 2009. The petitioner is further directed to clear the entire amount of arrears at the rate of Rs. 1500/- per month as directed by the Court below in the impugned order within a period of three months from the date of receipt/production of a copy of this order. In the event, arrears payable to the wife-opposite party till the month of December 2008 is not paid in the aforementioned period the Court below will take appropriate coercive steps against the petitioner. With the aforementioned observations and directions this Civil Revision application is disposed of. Bibhash (Mihir Kumar Jha, J.)