IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1232 of 2007 JALIL KHAN Versus THE STATE OF BIHAR & ORS ----------- 5. 7.11.2008. This revision has been preferred against the order dated 17.1.2007 passed by Principal Judge, Family Court, Sasaram, Rohtas in Maintenance Case No.38 of 2003 thereby the petitioner has been directed to pay maintenance under section 125 Cr.P.C. to the opposite party nos.2 and 3 at the rate of Rs.1,000/- per month each. Heard the learned counsel for both the parties. The learned counsel for the petitioner pressed this application only on the point of quantum of maintenance. It is submitted by the learned counsel for the petitioner that the petitioner is a 4th grade employee in Sasaram Municipality earning Rs.4,000/- and odd per month. He has the second wife and two minor children to maintain. It is not possible for the petitioner to pay maintenance at the rate of Rs.2,000/- per month to the opposite party nos.2 and 3. In support of his contention, the supplementary affidavit has been filed along with Annexure-4, the salary statement. On the other hand, the learned counsel for the opposite parties supported the order in question and it was submitted that the petitioner is in position to pay the maintenance as directed by the court below. Apart from the salary the petitioner has other source of income also. Considered the submission of the learned counsel for both the parties. Perused the impugned order as well as Annexure-4 to the - 2 - N.H./ supplementary affidavit. On perusal of Annexure-4, it would appear that the present income of the petitioner is Rs.4,000/- and odd per month. It further appears from paragraph-19 of the impugned order that the petitioner has a second wife and two minor daughters to maintain. It further appears that the son of the opposite party no.2 is a major. Thus, having regard to the facts and circumstances of the case as well as the income of the petitioner, I am also of the view that the quantum of maintenance awarded by the court below is not in proportionate to the income of the petitioner. It requires to be modified. Accordingly, the petitioner is directed to pay maintenance at the rate of Rs.800/- per month to the opposite party no.2 and Rs.500/- per month to the opposite party no.3 from the date as directed by the court below. The amount already paid by the petitioner earlier shall be set off in the quantum of maintenance. With above modification in the quantum of maintenance, this application stands rejected. ( Ghanshyam Prasad )