IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1308 of 2007 SAIYAD PERWEJ ALAM …… Petitioner Versus 1. STATE OF BIHAR, 2. MUSARAF FATMA AND 3. GULNAJ @ ASARFI ………. Opposite Parties ----------- 5. 7.11.2008. This revision has been preferred against the order dated 3rd August,2007 passed by Principal Judge, Sasaram, Rohtas in Maintenance Case No.5 of 2001 thereby the petitioner has been directed to pay maintenance to the opposite party nos.2 and 3 under section 125 of the Cr.P.C. at the rate of Rs.700/- and 500/- per month respectively. Heard the learned counsel for both the parties. The learned counsel for the petitioner press this application only on the point of quantum of maintenance. It has been submitted by the learned counsel for the petitioner that the petitioner is a daily wage earner. His income is not sufficient to meet his own needs. He is not able to pay total maintenance of Rs.1200/- to the opposite parties. However, it is submitted by the learned counsel for the petitioner that he is ready to pay total of Rs.800/- per month to the opposite parties. On the other hand, the learned counsel for the opposite parties submitted that the maintenance awarded to the opposite parties itself is not sufficient. It is further submitted that actually the income of the petitioner is much more as he is Vegetable dealer. Considered the submission of the learned counsel for both the parties. Perused the impugned order. From paragraph-21 of the - 2 - N.H./ order, it appears that the court below has assessed the income of the petitioner as Rs.2100/- per month being a daily wage earner. In this view of the matter, it is quite apparent that the petitioner is not able to pay the maintenance at the rate of Rs.1200/- per month to the opposite parties. Having regard to the income of the petitioner as well as the facts and circumstances, the quantum of maintenance awarded by the court below is hereby modified and the petitioner is directed to pay maintenance from the date mentioned in the impugned order at the rate of Rs.500/- per month to the opposite party no.2 and at the rate of Rs.300/- per month to the minor daughter-opposite party no.3. With this modification, in the quantum of maintenance, this application stands dismissed. ( Ghanshyam Prasad )