IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.786 of 2008 RAJENDRA SINGH, son of Late Sheomangal Bhagat, resident of village- Dubwaliya, P.O. Bhagwat Parsa, P.S. Phulwaria, District- Gopalganj… Petitioner. Versus PRABHAWATI DEVI wife of Rajendra Singh, resident of village- Dubawaliya, P.O., Bhagwatparsa, P.S. Phulwaria, District-Gopalganj .. Opp. party ----------- 4. 24.02.2010 Having heard counsel for the petitioner and counsel for opposite party no.2, this Court is satisfied that there is no merit in this application and in fact the same has stood dismissed in view of peremtory order dated 23.9.2008. Counsel for the petitioner would submit that said order of depositing amount of Rs.1500/- per month in place of Rs.3000/- as awarded by the court below, could not be complied within the time limit fixed by this Court and in fact till today the petitioner is not in a position to deposit the said amount. This Court would find that apart from the fact that the petitioner was given a liberty to pursue his case by paying half of the amount and subject to the result of this case, there is no dispute that the petitioner is the husband who is legally bound to maintain his wife. In that view of the matter, if the court below 2 for maintenance of wife as also a child had fixed an amount of Rs.3000/- per month, the same cannot be held to be either excessive or illegal. No other ground has been in fact pressed before this Court and accordingly even otherwise this case has no merit and is accordingly dismissed. kanchan (Mihir Kumar Jha, J.)