IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.567 of 2008 DHRUV LAL SHARMA S/O LATE BANSHILAL SHARMA -- PETITIONER Versus 1. THE STATE OF BIHAR 2. SHAKUNTALA DEVI W/O DHURUV LAL SHARMA --- OPP. PARTY ----------- 04 03.09.2010 Heard both sides. Petitioner is the husband. He assails the order dated 08.01.2007 passed by learned Principal Judge, Family Court, Aurangabad in in Maintenance case no. 19 of 2002/112 of 2006 whereby the applicant/wife/opposite party no.2 has been allowed maintenance at the rate of Rs. 600/- (Six hundred) per month from the date of application i.e. 01.10.2002. The case of the applicant/ wife in the application seeking maintenance is that she was continuously ill treated by the husband as a result whereof she was forced to leave the matrimonial home 02 years before filing of the application and since then she was living with her parents. In course of her deposition she has admitted that she was living with her parents at Naihar since last 28 years. Her further case is that her father died in 1990 whereafter she was being looked after by her mother. Both parties laid evidence whereafter learned trial Court found that there is no denial that the marriage had taken place between them and that she was presently not living with the husband. It has also been found that petitioner/husband is teacher and earns from the said profession. Wife/opposite party no.2 is although a matriculate but she does not earn from any resources. In that view of the matter the order impugned has been passed. Under the impugned order the husband has been directed to pay maintenance amount w.e.f. the date of application. Considering the stand of the wife in the application as well as in her deposition it appears that she was living with and maintained by the parents since last few years. It further appears from the evidence on record that there is no earning to the wife whereas the husband earns from the profession. It has come on record that petitioner is engaged as a teacher in a school. Taking overall view of the matter, this Court is satisfied that so far as grant of maintenance is concerned the same requires no interference. However, in the facts and circumstances of the case, the aforesaid payment of maintenance amount shall be paid by the husband at the rate of Rs. 600/- per month w.e.f. date of order i.e. 08.01.2007 and not w.e.f. 01.10.2002 as has been directed under the impugned order. With this clarification/modification in the term of payment, the application is dismissed. Sym ( Kishore K. Mandal, J.)