JUDGMENT S. PANDA, J. - The petitioner has filed this application challenging the judgment dated 19.7.2011 passed by the learned Judge, Family Court, Bhubaneswar in Criminal Proceeding No. 70 of 2011. 2. Opposite party filed an application under Section 125 Cr.P.C. against the present petitioner with a prayer to direct him to pay monthly maintenance of Rs. 5000/-, legal expenses of Rs.500/- and Rs. 1,00,000/- towards medical expenses. Admittedly, both the petitioner and the opposite party are husband and wife. They are Muslim. They married on 6.6.1996. One daughter and one son were born out of their wedlock. The petitioner was working in the Indian Navy and retired, he was getting salary at the rate of Rs. 25,000/- per month apart from other facilities as provided to a defence personnel. After retirement, the petitioner is getting pension and other facilities, such as, family medical facilities, reemployment reservation, etc. He has also received retirement benefits, i.e., monthly pension, gratuity, provident fund and insurance, etc. The opposite party pleaded in her application that the petitioner is an arrogant and proud natured person and he lost his control and balance of mind for small and petty matter. Therefore, she was being physically assaulted and subjected to cruelty. She had undergone major operation since 21st March, 2010 for which she was staying away from her husband. During the said period, the children were living with the petitioner. Taking advantage of the said situation, the husband was not maintaining her and she was in a distress condition. Accordingly, she prayed for maintenance as per the above terms. She also stated in her application that she was entitled to Rs. 4,50,000/- as her share from a fixed deposit which stood in the names of both husband and wife jointly. She further stated in the application that the husband has got a house at Barahala and has agricultural landed property. He is earning Rs. 36,000/- from that source. The petitioner after receiving notice in the said matter filed his show cause admitting the marriage and the fact that both the children are residing with him. However, he took a stand that the wife on her own volition left the matrimonial home and in spite of request she did not come. Therefore, finding no other way, he pronounced "Talaq" orally on 9.5.2010 in her presence and prepared 'Talaqnama' on10.5.2010. However, he took a stand that the wife on her own volition left the matrimonial home and in spite of request she did not come. Therefore, finding no other way, he pronounced "Talaq" orally on 9.5.2010 in her presence and prepared 'Talaqnama' on10.5.2010. The petitioner being a divorced woman was not entitled to get any maintenance. He further stated in the show cause that he is getting Rs. 8,600/- per month as pension. Both the children and his old father are depending on him. He alleged that the wife is an arrogant lady and keeps relationship with a person working in the State Bank of India at Vishakhapatnam for which he has filed Civil Suit No. 153 of 2010 for divorce before the learned Civil Judge (Junior Division), Bhubaneswar. He further alleged that she is working as a Teacher and sometimes also working in a Beauty Parlour. Since had sufficient means, she is not entitled to get any maintenance. He further stated that in order to take care of the children, he married for the second time on 10th July, 2010 and is living with the second wife. 3. On the above pleadings, the parties adduced oral evidence by examining themselves as P.W.1 and O.P.W.1. The wife filed documentary evidence which was marked as Exts. 1 to 30. The husband did not file any documentary evidence. 4. On the above pleadings and the evidence adduced by the parties, the Court below came to the finding that the wife is staying away from the husband. The husband is a retired Naval Officer and getting pension of Rs. 8,600/- per month. He had also received pensionary benefits of Rs. 15,00,000/- at the time of retirement. Both the children are residing with the husband. Considering the above and the fact that the wife had no income and keeping in view the cost of living and the medical treatment of the wife, the Court below directed the petitioner to pay maintenance of Rs. 4,500/- per month to the wife from the date of filing of the application i.e. 21.3.2011 and further directed that the arrear maintenance shall be paid within two months and the current maintenance by 10th of each succeeding month. The Court below further directed the petitioner to pay Rs. 50,000/- towards medical expenses. 5. Learned counsel for the petitioner submitted that the petitioner is getting Rs. The Court below further directed the petitioner to pay Rs. 50,000/- towards medical expenses. 5. Learned counsel for the petitioner submitted that the petitioner is getting Rs. 8,600/- per month towards pension and the quantum of maintenance awarded by the Court below is at a higher side. Since the children are residing with the petitioner and the documents filed by the opposite party regarding her treatment, she received those treatments while she was residing with the petitioner. Therefore, the direction of the Court below to pay Rs. 50,000/- towards medical expenses is liable to be set aside. He further submitted that since a plot has been purchased in the name of the wife and she is in possession of the same, she is not entitled to get any further maintenance. 6. The opposite party has appeared in person and contested the matter stating that she is suffering from various ailments due to unusual conduct of the petitioner. The children have been forcibly separated from her. The petitioner has not filed any document before the Court below regarding purchase of plot by him in her name. Since she has no income and is leading a miserable life, the Court below taking into consideration all the above materials passed the impugned order, which need not be interfered with. She further prayed for visiting right of the children as the petitioner is not allowing her for the same. 7. From the above rival submissions of the parties and after going through the LCR, it appears that the petitioner has made allegations against the wife regarding her character. However, he has not substantiated those pleas by specifying the name of the person and the detailed facts. When a husband makes allegations against the wife regarding her character, he has to prove those allegations with sufficient materials and in the present case no such evidence is available to substantiate the allegations made by the petitioner. That apart, it is not possible on the-part of the wife to reside with an unknown person and that is not a sufficient ground to stay separately. From the record, it further appears that the wife has no personal income to maintain herself. Admittedly, the petitioner is a retired Naval Officer and is getting monthly pension as well as pensionary benefits available to a retired Naval Officer. In the meantime, he has also married another lady. 8. From the record, it further appears that the wife has no personal income to maintain herself. Admittedly, the petitioner is a retired Naval Officer and is getting monthly pension as well as pensionary benefits available to a retired Naval Officer. In the meantime, he has also married another lady. 8. Considering the above aspects and the fact that the children who are aged about 15 years and 12 years respectively are residing with the petitioner, this Court, while confirming the finding of the Court below, only modifies the quantum of maintenance. 9. Accordingly, this Court reduces the maintenance from Rs. 4,500/- per month to Rs. 4,000/- (rupees four thousand) per month and directs that the petitioner shall pay monthly maintenance to the opposite party by 10th of each succeeding months and accordingly arrear maintenance shall be calculated and paid to the opposite party-wife within a period of six weeks from today. If the opposite party wants to visit her children, she shall be allowed once in a month for the same and for the said purpose, the Court below shall fix the time and place in the execution proceeding. With the above direction, the RPFAM is disposed of. RPFAM disposed of.