IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.754 of 2008 SANJAY KUMAR @ AJAY KUMAR SON OF RAMDEO PRASAD MANDAL --- PETITIONER Versus 1. THE STATE OF BIHAR 2. BABITA DEVI @ VEENA DEVI D/O GANAURI PRASAD MANDAL --- OPP. PARTIES. For the Petitioner : Mr. Ranjan Kr. Jha, Advocate. For the State : Mr. Ram Priya Sharan Singh, APP For the OP no.2 : Mr. Umakant Prasad, Advocate. ----------- 04 24.09.2010 Heard both sides. Petitioner/husband assails the order dated 18.07.2008, passed by learned Principal Judge, Family Court, Bhagalpur in Misc. case no. 265 of 2002 (Babita Devi @ Bina Devi vrs. Sanjay Kumar @ Ajay Kumar) whereby on a consideration of the materials brought on record it has been found that the applicant/wife (opposite party no2. herein) is entitled to receive maintenance at the rate of Rs. 500/- (Five hundred) w.e.f. the date of filing of the application (04.09.2002) Learned counsel for the petitioner states that although the application for maintenance was lodged on 04.09.2002 but on 16.04.2005 an application for ad interim maintenance was filed which was allowed, and as such, in all fairness, the petitioner shall be entitled to make payment w.e.f. 16.04.2005. Learned counsel appearing on behalf of the opposite party no.2, on the other hand, supported the impugned order. It is stated that till today the opposite party no.2 has not been paid any instalment of the amount as directed under the impugned order. It is contended that adequate materials have been brought on record to indicate that the wife was neglected and ousted from the matrimonial home in the year 2002. Considering the findings recorded by learned Court below the order impugned merits no interference. Considering the findings recorded by learned trial Court and also the meager amount of maintenance granted under the impugned order, the same does not merit interference. Both the counsels agree that the amount of maintenance as directed under the impugned order may be made payable w.e.f. May, 2005 provided the petitioner /husband pays off all the outstanding dues within a period of 06 months from today and file an affidavit in the Court below, failing which the order dated 18.07.2008 passed in Misc. case no. 265 of 2002 shall stand revived and the petitioner shall have to pay the amount as directed under the impugned order w.e.f. date of filing of application i.e. 04.09.2002. It is also agreed between the parties that the husband/petitioner shall, in the mean while, continue to pay the current amount of maintenance regularly. Operative part of the order impugned is modified in the aforesaid terms. Application stands disposed of . Sym ( Kishore K. Mandal, J.)