IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2348 of 2007 SANJEEV KUMAR CHURIWALA Versus SMT. SANGEETA DEVI ----------- 2 2/9/2008 Heard counsel for the petitioner. In this case petitioner has assailed the final order passed in a proceeding under section 125 of the Code of Criminal Procedure fixing Rs.2,000/- by way of monthly maintenance. The only submission of counsel for the petitioner is that the amount of Rs. 2,000/- is highly excessive and beyond the means of the petitioner. However, on being asked as to what stand has been taken by him in the written statement and/or evidence was led on the score of his income, he says that the petitioner did not take any specific plea regarding his income. From perusal of the impugned order of the court below it would appear that the wife of the petitioner had adduced four witnesses on her behalf who have not only supported her case as with regard to negligence on the part of the petitioner in maintaining her but also supported on the point of income. It has come in the evidence of A.W.2 that the petitioner has a business of Tyres and has two shops. Such evidence on records having been considered by the court below and as such fixation of amount of Rs. 2,000/- towards maintenance cannot be said to be either excessive or illegal. In that view of the matter, this Court would not find any merit in his application and 2 the same is dismissed. The court below is directed to ensure that the amount of arrear of maintenance is realized from the petitioner within a period of one month from the date of receipt of a copy of this order. ( Mihir Kumar Jha, J. ) Abhay Kumar