IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.949 of 2007 RAJESH KUMAR Versus THE STATE OF BIHAR & ANR ----------- 6. 19.9.2008. This application has been filed against the order dated 20.10.2006 passed by Principal Judge, Family Court, Motihari in Maintenance Case No. 31/06 thereby the petitioner has been directed to pay maintenance to opposite party no. 2 at the rate of Rs.5000/- per month. Heard learned counsel for the petitioner. No one appeared on behalf of opposite party no. 2 in spite of service of notice. Learned counsel for the petitioner has argued only on the point of quantum of maintenance. It is submitted that the petitioner is a student. He is not in a position to pay maintenance to opposite party no. 2 at the rate of Rs.5000/- per month. The petitioner has no income. He himself depends upon his own father. Considered the submission of learned counsel for the petitioner and perused the - 2 - impugned order. On perusal of impugned order it appears that the family of the petitioner is running sweets shop and they have also income from the rent of the house. Under the facts and circumstances as well as the fact that the petitioner has no fixed income of his own, I am of the view that it is not proper to direct the petitioner to pay maintenance at the rate of Rs.5000/- per month. Accordingly, the amount of maintenance is hereby modified. The petitioner is directed to pay the maintenance to opposite party no. 2 at the rate of Rs.1000/- per month instead of Rs.5000/-. With the above modification in the maintenance amount. This application stands rejected. kanchan (Ghanshyam Prasad, J.)