IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14551 of 2011 Sri Niwash Bihari Versus Alpana Devi & Anr ---------------------------------- 2. 05.09.2011 Heard the learned counsel for the petitioner. This application under Section 227 of the Constitution of India has been filed by the petitioner against the order dated 23.7.2011 passed by 2nd Additional District Judge, Banka in Matrimonial Case No. 20 of 2007 whereby the learned court below allowed the application under Section 24 of the Hindu Marriage Act filed by the wife respondent and directed the petitioner husband to pay maintenance @ 1500/- per month from the date of application i.e. dated 17.3.2008 and further directed to pay Rs.500/- as cost for litigation for each actual date of court proceeding. The learned counsel for the petitioner submitted that the petitioner has got no permanent source of income and has got only 1.25 bigha of ancestral land and out of the usufruct of the land the family members are to be maintained and therefore, he is not in a position to pay the maintenance awarded by the court below. From perusal of the impugned order it appears that the learned court below considered the income of the husband @ Rs.140 per day as has been fixed by the State Government under the Minimum 2 Wages Act and therefore, the learned counsel below calculated the actual income of Rs.4200/- and on the basis of that awarded the maintenance. Here the marriage is admitted. It is also admitted that the respondent has no source of income for her livelihood. Further learned court below has only granted megre amount of Rs.1500/- as maintenance per month. In view of the above fact it is not a fit case for interference in exercise of power under Article 227 of the Constitution of India. Accordingly, the writ application is dismissed. However, if so advised the petitioner may approach the court for fixing installment regarding payment of arrears of maintenance. If such application is filed the same may be disposed of by the court below according to law. S.S. (Mungeshwar Sahoo, J.)