IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.188 of 2007 ABTAB ALAM @ AFTAB AHMAD Versus LADLI BEGUM ----------- 4 14.8.2008 Heard Counsel for the petitioner and Counsel for the opposite party. On perusal of the materials available on record including the findings arrived at in the impugned order, this Court is not in a position to understand as to on what basis the Court below has fixed the amount of Rs. 2000/- per month for maintenance of a child who is said to be a minor aged about 12 years old. True it is that in the application which was filed by the mother claiming maintenance for herself as well as the child on 17.3.2001, the opposite party, wife had claimed such amount of Rs. 1000/- each both for herself and for her daughter but then the Court below was not powerless to direct payment of maintenance even for a sum of Rs. 2000/- for minor daughter provided it had some cogent reasons and materials for doing so. No doubut, expenditure of a school going girl, who is the daughter of the petitioner and the opposite party, can be in the vicinity of Rs. 2000/- per month but it is a matter of evidence which has to be led by both the parties on the basis of which the amount of monthly maintenance for the adolescent daughter has to be fixed. In that view of the matter, when the court below has not as all considered any of the requirement of law with regard to 2 the grant of maintenance to the daughter of the petitioner, who is a minor living with the opposite party, this Court would set aside that part of the impugned order whereby and whereunder, it had been held that the petitioner would be liable to pay a sum of Rs. 2000/- per month for maintaining her minor daughter. Counsel for the petitioner, however, very fairly submits that the amount so directed by the Court below has been always promptly deposited by the petitioner and in fact for next six months, he will keep on depositing this amount of Rs. 1000/- per month by way of adhoc payment till the decision of the court below. In that view of the matter this court would direct the court below to take up the issue of grant of maintenance to the daughter of the petitioner and opposite party expeditiously and decide the same within a period of four months from the date of receipt/production of a copy of this order. It would be open for the court below to fix any reasonable amount of monthly maintenance for the minor daughter w.e.f. 17.03.2001, the date of filing the application under Section 125 Cr.P.C. by the opposite party and the amount paid earlier by the petitioner will be adjusted towards the arrears. Accordingly, this civil revision application is disposed of in the light of aforesaid observations and directions. Rsh (Mihir Kumar Jha, J.)