Kamlesh Kumar Thakur @ Kamlesh Thakur v. Smt. Smita Kumari @ Asmita Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.624 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Araria ====================================================== Kamlesh Kumar Thakur @ Kamlesh Thakur Son of Sri Ram Niranjan Thakur Resident of Village-Amaha, P.S.-Pipra, District-Supaul. ... ... Petitioner

Versus

1.

Smt. Smita Kumari @ Asmita Kumari Wife of Kamlesh Kumar Thakur Resident of Village-Amaha, P.S.-Pipra, District-Supaul, at present D/o Sri Ram Narayan Thakur, Resident of Village-Thila Mohan, P.S.-Simrahi, District-Araria.

2.

Master Keshav Kumar Son of Kamlesh Kumar Thakur Through its natural guardian and friend of his mother namely Smt. Smita Kumari @ Asmita Kumari, Resident of village- Thila Mohan, P.S.- Simrahi, District- Araria. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-02-2020 Heard learned counsel for the petitioner.

This application has been filed for setting aside the impugned order dated 02.11.2018 passed in Maintenance Case No. 74 of 2017 by which the learned Principal Judge, Family Court, Araria has been pleased to award a maintenance of Rs. 3,000/- to the wife of this petitioner and Rs. 1,000/- to his son. At the outset, while submitting before this Court learned counsel for the petitioner submits that the petitioner is more interested in settlement of the dispute as according to him because of matrimonial dispute he is unable to continue with his work. Learned counsel has submitted that for the present the

Patna High Court CR. REV. No.624 of 2019(8) dt.24-02-2020 2/2 petitioner agrees to pay Rs. 4,000/- per month in terms of the impugned judgment, however, this Court would direct opposite party to seek for mediation and resolve the dispute. In the given facts and circumstances of the case, where the petitioner is ready to pay the amount awarded as maintenance, this Court finds no reason to interfere with the impugned judgment. The request of the petitioner that this Court should give some observations and directions to opposite party to sit in mediation would impress this Court to take a view that in case the petitioner applies for such mediation before the learned Principal Judge, Family Court, the court below shall send it to the mediation centre attached to the court where efforts will be taken to conduct a mediation between the parties. This application stands disposed off with the aforesaid observations and directions.

(Rajeev Ranjan Prasad, J) arvind/ved U T