Arti v. Dr. Umesh Kumar Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.47 of 2018 ====================================================== Arti Wife of Dr. Umesh Kumar, Daughter of Sri Pashupati Nath Singh, Resident of A-213, A.G. Colony, Post Office- Asiana Nagar, Police StationLal Bahadur Shastri Nagar, District- Patna, Pin Code- 800025. ... ... Petitioner/s

Versus

Dr. Umesh Kumar Singh Son of Late Kameshwar Narayan Singh, Resident of Village- Chiraura, Police Station- Naubatpur, District- Patna presently residing at 161F/A, S.K. Puri, Post Office- G.P.O., Police Station- Sri Krishnapuri, District- Patna, Pin Code- 800025. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. J.S. Arora, Sr. Adv.

Mr.Manoj Kumar For the Respondent/s :

Mr.Dr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-09-2022 The present application has been filed challenging the order dated 29.07.2016 passed by learned Principal Judge, Family Court, Patna in Matrimonial Case No. 228 of 2013 whereby the learned Family Court, Patna has awarded maintenance of Rs. 6,000/- per month to the petitioner as maintenance pendent lite under Section 24 of the Hindu Marriage Act. The maintenance was to be paid from the date of filing of the petition filed by the petitioner (wife) i.e. with effect from 23.02.2015.

The petitioner-wife challenged the impugned order on the ground that maintenance amount fixed by

Patna High Court C.Misc. No.47 of 2018(5) dt.01-09-2022 2/3 learned Family Court, Patna is very low in relation to the income earned by the husband-respondent inasmuch as the husband-respondent has been working as Senior Professor in a constituent College under Veer Kunwar Singh University and his salary / perks must have been more than Rs. 1.5 lakh per month.

Upon request of this Court to the parties to amicably settle their dispute on the point of payment of maintenance together, both the parties have come with instructions and submit that the parties have agreed for settlement and the husband-respondent shall pay maintenance @ Rs. 25000/- to the petitioner per month from the date the petition was filed i.e. 23/02/2015 minus the amount towards maintenance which has already been paid by the respondent and the offer made by the respondent / husband has been accepted by the wife (petitioner).

In view of the aforesaid submissions and with the consent of the parties the order dated 29.07.2016 is modified to the extent that the respondent / husband shall pay a sum of Rs. 25000/- per month to the wife (petitioner)

Patna High Court C.Misc. No.47 of 2018(5) dt.01-09-2022 3/3 with effect from 23.02.2015 after adjusting the amount which has already been paid by the respondent- husband to the wife -petitioner.

With the aforesaid modification the application stands disposed of.

(Anil Kumar Sinha, J) praful/- U