Manoj Kumar Keshri @ Manoj Kumar @ Rinku v. Smt. Reena Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.418 of 2018 ====================================================== Manoj Kumar Keshri @ Manoj Kumar @ Rinku S/o Triloki Nath Keshri, Resident of Dalhatta Malslami, Near Dalhatta Devi Asthan, Marufganj, P.S. Malsalami Patna City, Dist. - Patna.

... ... Petitioner/s

Versus

Smt. Reena Devi W/o Manoj Kumar Keshri @ Rinku @ Manoj Kumar and daughter of Ashok Kumar Keshri @ Shan Karji, Near Meer Safayat Road Near Purani Post Office - Purani Godownabove tobacco shop, P.S. - Kotwali, Distt. - Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amaresh Kumar, Advocate For the Respondent/s :

Mr. Madhukar Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-01-2023 Heard learned counsel for the parties.

This Civil Miscellaneous application has been filed against the order dated 13.10.2017 passed by learned Principal Judge, Family Court, Patna in Matrimonial (Divorce) Case No. 185 of 2016 whereby the petitioner has been directed to pay litigation cost Rs. 5000/- and monthly interim maintenance of Rs. 6,000/- (Rs. 4,000/- for respondent wife + Rs. 2,000/- for her son) during the pendency of the said Matrimonial (Divorce) Case.

Learned counsel for the petitioner submits that the petitioner is unable to make the payment of the maintenance amount. Further, he submits that as per the Wages Slip for the month of April 2022 issued by Niharika Logistics Pvt. Ltd.

Patna High Court C.Misc. No.418 of 2018(9) dt.25-01-2023 2/2 Fatuha Unit, the net payment is shown as Rs. 8027/-. However, he is ready to make the payment of Rs. 4,000/- per month instead of Rs. 6,000/- per month.

Learned counsel for the respondent agrees on this amount. However, he has submitted that the petitioner may be directed to make the payment of arrear in installments also. As agreed by learned counsel for the parties, the impugned order is modified to the extent that the petitioner shall pay total interim maintenance of Rs. 4,000/- in place of Rs. 6,000/- per month from the date of impugned order and the petitioner shall pay arrear amount Rs. 25,000/- within one month of this order and shall pay equal monthly installment in six months of remaining arrear amount. The petitioner is directed to continue the payment of modified interim maintenance till pendency of the said Matrimonial Case. This Civil Miscellaneous Application is disposed of with aforesaid directions.

(Sunil Dutta Mishra, J) ashutosh/- U