IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1388 of 2007 KALAWATI DEVI W/O RAM EKBAL RAM AND DAUGHTER OF KAILASH RAM R/O VILL-RAJPUR, P.S. RAJPUR, DIST. ROHTAS. ---- PETITIONER Versus 1. STATE OF BIHAR 2. RAM EKBAL RAM SON OF JHANDI RAM, R/O VILL-MANI, P.S. BIKRAMGANJ, DIST. ROHTAS --- OPP. PARTIES. For the petitioner : Mr. Rajani Kant Singh, Advocate. For the State : Mr. Shyam Bihari Singh, APP For the O.P. No.2 : Mr. Bajrangi Lal, Advocate. ----------- 09. 20.04.2011 Heard the parties. Petitioner is the deserted wife. She is aggrieved by order dated 28.08.2007, passed by learned Principal Judge, Family Court, Rohtas in Misc. Case No. 01/2003, whereby the application seeking enhancement of the maintenance amount fixed in the year 1990 under section 125 of the Code of Criminal Procedure(hereinafter referred to as the „Code‟), has been rejected. It is the case of the petitioner that she initially filed a Matrimonial Case bearing no. 02/86. An amicable settlement was reached by and between the parties and the matter was disposed of by order dated 10.04.1990 (Annexure-1), whereby the husband was ordained to maintain the wife at his village home and to pay a sum of Rs.100/- per month for her maintenance. It appears that petitioner filed another Misc. Case No.05/90 which was captioned as petition filed under section 125 of the Code. The court below rejected the said application by order dated 10.07.1990 primarily on the ground that petitioner had not adhered to the 2 agreement/compromise. Aggrieved by the said order, petitioner filed a revision application before the learned Sessions Judge, vide Cr. Revision No. 221/93. After hearing both sides, the revisional court by order dated 06.03.1998, disposed of the said application by following order: “Accordingly, the revision is dismissed with observation that the O.P. husband must pay the maintenance as held above in terms of money at the rate of Rs.1000/- per month since the date of filing of second petition u/s 125 of the Cr.P.C.” The husband (O.P.No.2) dissatisfied with the said order approached this Court by filing a writ being Cr. W.J.C. No.265/98. This Court by a proceeding dated 18.08.1998 (Annexure-3), set aside the order dated 06.03.1998 and remitted the case back to the court of original jurisdiction for considering the same and passing an order in accordance with law after affording opportunity of hearing to both the parties. Learned Magistrate again took up the case, and by a proceeding dated 08.10.2002 (Annexure-4) rejected the said application of the wife on the ground that no evidence was led on behalf of the petitioner in support of the claim. Thereafter it appears that petitioner filed a fresh proceeding before the Family Court which gave rise to Misc. Case No.01/03. Learned Family Court allowed the parties to lead evidence and thereafter by order dated 28.08.2007, rejected the said application on the ground that she had willfully left the Sasural. Diverse submissions have been advanced on behalf of the parties in support of their respective stands. 3 Perused the impugned order and the claim of the petitioner raised before the Court as reflected from Annexure-5 as well as response thereto filed by the husband in the shape of rejoinder (Annexure-5/1). This much is evident from the materials on record and the submissions advanced on behalf of the parties that the opposite party was legally obliged to maintain his wife/petitioner. It appears that some agreement was reached by and between the parties whereby the opposite party was directed to pay a sum of Rs. 100/- (One hundred) besides providing all basic requirements/needs. This order was passed in the year 1990. We are now in the year 2011. Considering the price index and the inflation the said amount, as on today, cannot be said to be sufficient and/or adequate for the petitioner‟s wife. Keeping these factor(s) in consideration, this Court is persuaded to direct that the husband/opposite party no.2 would pay a sum of Rs. 900/- (Nine hundred) per month to the petitioner w.e.f. September, 2007. Considering the fair stand taken by the parties this Court is satisfied that the matter be disposed of by the following order:- The applicant/wife/petitioner shall be entitled to a sum of Rs. 900/- (Nine hundred) by way of maintenance payable to her by the opposite party no.2/husband w.e.f. 01.09.2007. If 50% of the entire arrear as per the present order is/are paid by the husband/opposite party no.2 within a period of 04 months from today the same would satisfy the entire arrear amount payable to the petitioner/wife till 31st of March, 2011. The husband shall 4 thereafter pay regularly to the wife/petitioner a sum of Rs. 900/- (Nine hundred) per month. HR/Sym (Kishore K. Mandal, J.)