Sadanand Rajak v. Smt.Sangeeta Chaudhary

Patna High Court CWJC No.9407 of 2012 (04) dt.15-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9407 of 2012 ======================================================

1. Sadanand Rajak, son of Chandeshwar Rajak, resident of VillageKrishipur, P.S.- Tekapatti Via Kurshella, District- Purnea .... .... Petitioner/s

Versus

1. Smt. Sangeeta Chaudhary, D/O Sri Nageshwar Choudhary, resident of Kajalmani Road, P.S. & District- Kishanganj .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suman Kumar Jha--Advocate For the Respondent/s : Mr. Kamal Kishore Jha--Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 15-12-2015 Learned counsel for the petitioner submits that his wife Sangeeta Chaudhary is residing with him though has been controverted by the learned counsel for the respondent. Be that as it may, in the aforesaid facts and circumstances of the case, it happens to be a good ground for the petitioner to pray before the learned lower court and in case, compromise petition is filed endorsed by respective parties along with their respective learned counsels, then in that event, the Court will pass appropriate order in terms of compromise. As is evident from the previous order sheet vide order dated 20.12.2013, a sum of Rs.1300/- per month was directed to be paid by the petitioner to his wife instead of Rs.2,000/- per month so granted under the interim maintenance

Patna High Court CWJC No.9407 of 2012 (04) dt.15-12-2015 under Matrimonial Case No.01 of 2002 along with Rs.6,000/- as litigation cost as well as Rs.7,00/- per month under a proceeding under Section 125 of the Cr.P.C., which accordingly, is vacated directing the learned lower Court to have an option available in the light of above referred subsequent development. With the aforesaid observation, instant petition is disposed of.

If the compromise is not filed within one month from the date of receipt of the order impugned by the learned lower Court, then in that event, the parties will be at liberty to proceed with the other kinds of legal options available on that very score. Vikash/- (Aditya Kumar Trivedi, J) U