Dhiraj Kumar v. The State Of Bihar

Patna High Court CR. REV. No.695 of 2010 (5) dt.13-07-2012 Learned counsel for the petitioner submits that the amount of interim maintenance at the rate of Rs. 4000/- per month, allowed in favour of the opposite party no. 2, by the impugned order dated 12.4.2010, is at much higher side and not within the available means of income, and thereafter, the petitioner is not in a position to pay the aforesaid amount of interim maintenance. It is also contended that before passing the aforesaid impugned order, no witness was examined either on behalf of the petitioner or on behalf of the opposite party no. 2 and merely on the basis of statement made by the opposite party no. 2, the impugned order was passed, which according to the learned counsel, requires modification/correction by this Court. Learned counsel for the opposite party no. 2 has opposed the prayer made on behalf of the petitioner and has supported the impugned order. However, he has fairly conceded that before passing the impugned order dated

12.4.2010, witnesses were not produced on behalf of the parties. After having heard the parties at great length and on examination of the materials available on record, this Court finds that the opposite party no. 2 filed her petition under Patna High Court CR. REV. No.695 of 2010 (5) dt.13-07-2012 section 125 Cr.P.C. in the year, 2008 and despite passage of about four years, the matter has not been finally decided by the learned Principal Judge, Family Court, Aurangabad. Under the aforesaid circumstances, in view of the rival submissions raised on behalf of the parties, the interest of justice demands that the main maintenance case should be decided within a reasonable time fixed by this Court. The interest of justice further demands that during the interregnum period, the interest of the opposite party no. 2 should also be protected and she must be paid interim maintenance fixed by this Court.

For the reasons recorded above, the impugned order dated 12.4.2010 is modified to the extent that petitioner shall pay interim maintenance at the rate of Rs. 1,500/- per month from the date of the aforesaid order dated 12.4.2010. The arrears of interim maintenance at the rate of Rs. 1,500/- per month is directed to be paid by the petitioner to the opposite party no. 2 in two lump sum instalments. The petitioner shall be obliged to deposit Rs. 20,000/- on or before 30th July, 2012 towards the 1st instalment of interim maintenance. The balance arrears of interim maintenance, at the rate of Rs. 1,500/- per month, shall be deposited by 31st Patna High Court CR. REV. No.695 of 2010 (5) dt.13-07-2012 August, 2012. If the petitioner fails to deposit arrears of interim maintenance, as directed above, the learned Principal Judge, Family Court, Aurangabad shall be at liberty to take all coercive measures recover the arrears of interim maintenance.

It is also clarified that till the main maintenance case is finally decided, the petitioner shall keep on depositing Rs. 1,500/- per month towards the interim maintenance for the opposite party no. 2. Learned Principal Judge, Family Court, Aurangabad, shall give two months time to opposite party no. 2 to produce her materials/witnesses in support of her case. The period of two months shall be calculated from the next date fixed in the main maintenance case. Thereafter, the petitioner shall also be given two months time to produce his materials/witnesses in support of his case. It goes without saying that the parties shall be granted opportunity to cross- examine witnesses produced by the either side. However, if either of the party fails to cooperate in the early conclusion of the proceeding, then the learned Principal Judge, Family Court, Aurangabad shall be at liberty to decide the main maintenance case on the basis of the materials available on record.

All endeavours shall be made by the learned Principal Patna High Court CR. REV. No.695 of 2010 (5) dt.13-07-2012 Judge, Family Court, Aurangabad to conclude the proceeding finally on or before December, 31st, 2012. With the aforesaid observations, directions and modification in the impugned order, the present application stands finally disposed of. Interim order of stay dated

24.01.2012 passed by this Court stands vacated. The parties are left to bear their own costs. RPS/- (Birendra Prasad Verma, J)