IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1553 of 2008 AJAD MANSURI Versus JAYADA KHATOON ----------- 2. 16.9.2008 Heard counsel for the petitioner. For the reasons mentioned in this application (I.A.No. 5651/2008) the delay in filing the civil revision application is condoned. Coming to the merits of this case, this Court would not find any reason to interfere with the impugned order granting Rs. 1000/- per month by way of maintenance under section 125 of the Code of Criminal Procedure. This Court on perusal of the impugned order would also find that the court below has analyzed the evidence on record and has come to a finding that the opposite party wife was duly married to the petitioner and that she was being neglected. That being so, a sum of Rs. 1000/- by way of monthly maintenance cannot be said to be either excessive or illegal. At this stage counsel for the petitioner would submit that he is ready to 2 keep his wife with all dignity. If that be so, the petitioner may approach the court below which after ensuring that all up-to-date arrears in terms of the impugned order has been paid to the wife-opposite party will issue notice to the opposite party and make a fresh effort to provide a platform for both the petitioner and his wife to reside together. If the wife voluntarily would like to live together with the petitioner, the court below will pass an appropriate order under section 127 Cr.P.C., which will be given effect to only from the date of such order. In other words the liability of the petitioner to pay the arrear and current amount of maintenance in terms of the impugned order will continue till the same is modified by the court below under Section 127 Cr.P.C. It is, also made clear that this Court has made no observations on the merits of the aforesaid submissions of the petitioner and therefore, the court below will be at liberty to pass any appropriate order on such an application proposed to be 3 filed by the petitioner. With the aforementioned observations and/or directions this application is dismissed. (Mihir Kumar Jha,J.) Surendra/