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Patna High CourtC.Misc./321/2025disposed

Pallavi Kumari v. Vivek Kumar Singh

2025-05-14Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.321 of 2025 ====================================================== Pallavi Kumari, Wife of Vivek Kumar Singh, Resident of Village-Sakrohar, Ward No.-8, P.S.- Beldour, District-Khagaria and Presently Residing at Village-Lattipakar, P.S.-Gopalpur, District-Bhagalpur. ... ... Petitioner/s

Versus

Vivek Kumar Singh, Son of Balram Prasad Singh, Resident of VillageSakrohar, Ward No.-8, P.S.-Bedour, District-Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Chandra, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 14-05-2025 The record taken up on mentioning being made on behalf of the petitioner.

2. Heard learned counsel for the petitioner.

3. The present petition has been filed seeking following reliefs :

"(A). For issuance of direction upon the respondent husband to make payment of all the dues to the tune of Rs.5,70,000/- (Till January, 2025) to the petitioner wife pursuant to the direction of learned Principal Judge, Family Court, Bhagalpur vide order dated 25.10.2019 passed in Maintenance Case No. 01/2019 by which the respondent was directed to make payment of Rs.12,000/- every month by way of interim maintenance to his wife.

(B). For issuance of direction upon the

Patna High Court C.Misc. No.321 of 2025 dt.14-05-2025 2/3 learned Principal Judge, Family Court, Bhagalpur to conclude and dispose of the Maintenance Case No.01/2019 preferred by the petitioner against her husband at an earliest, which is pending since last more than 6 years causing great hardship to the petitioner in pursuing to the matter for several years.

(C). For issuance of direction upon the learned Principal Judge, Family Court, Bhagalpur to enhance the interim maintenance payable to the petitioner for which an appropriate application has already been filed by the petitioner, but no order could be passed till date.

(D). For any other relief/reliefs which the Hon'ble Court may grant in the interest of the petitioner that may be deemed appropriate and necessary in this case".

4. The learned counsel for the petitioner submits that the petitioner does not press any of the relief except relief no. (B). The learned counsel further submits that the evidence of the respondent was closed on 18.10.2023 and, thereafter, the matter has been coming at the stage of argument. But till date, the matter has not been disposed of.

5. Since the petitioner restricts his prayer only for expeditious disposal of Maintenance Case No.01/2019 preferred by the petitioner against her husband, I do not think there is any need to issue notice to the respondent as the matter of public

Patna High Court C.Misc. No.321 of 2025 dt.14-05-2025 3/3 policy, all the cases need to be decided at the earliest and specially the maintenance cases which results in vagary and destitution if not disposed of within a reasonable time period.

6. Having considered the aforesaid facts and circumstances as well as submission made on behalf of the petitioner, the learned Principal Judge, Family Court, Bhgalpur is directed to dispose of the Maintenance Case No. 01 of 2019 on its merits and in accordance with law preferably within a period of three months from the date of receipt/production of a copy of this order considering the fact that the matter has been pending for six years and the evidence of the respondent was closed way back in the year 2023.

7. The parties are directed to cooperate in the matter for its early disposal without seeking unnecessary adjournment.

8. With the aforementioned observations and directions, the instant petition stands disposed of. (Arun Kumar Jha, J) V.K.Pandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.05.2025 Transmission Date NA