IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.513 of 2008 NAGINA SINGH Versus STATE OF BIHAR & ORS ----------- 2 16.9.2008 Heard counsel for the petitioner. In the opinion of this Court, the order that was passed by the Court below on 17.11.2006 was not unreasonable taking into account that if there was a complaint on the part of the wife opposite party that despite an order of payment of Rs. 500/- per month in a proceedings under Section 125 of the Code of Criminal Procedure by an order dated 22.1.1996, and yet the same was not paid to her, the Court below was wholly justified in taking coercive steps for realization of the amount from the petitioner. In this background when the contents of the impugned order is examined, it would be found that such grievance of the wife opposite party no. 2 for non-compliance of the earlier order of the maintenance had still persisted and therefore, the Court below was perfectly justified in refusing to recall the order dated 17.11.2006. It would, thus become clear that it is on account of obstinate attitude of the petitioner that he has chosen to starve himself as also his wife. It was imperative on the part of the petitioner to pay the amount both arrear 2 and current as per the order of maintenance passed under Section 125 of the Code of Criminal Procedure as directed in the order dated 22.1.1996 and only thereafter make a prayer for modifying the order dated 17.11.2006. That having been not done, this Court cannot interfere with the impugned order. It would however be still open for the petitioner to comply the order of payment of maintenance and pay the full amount both arrear and current in terms of order dated 22.1.1996 whereafter if the petitioner appears with evidence of completing up-to-date payment, the court below will consider to modify the order dated 22.1.1996 but only from a prospective date. In other words the liability of the petitioner to pay the amount of maintenance as per the directions in the earlier interparty order dated 22.1.1996 will continue to remain operative till the same is altered/modified under Section 127 of the Code of Criminal Procedure. With the aforementioned observations, this Civil Revision Application is hereby dismissed. Rsh (Mihir Kumar Jha, J.)