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Patna High CourtCR. REV./1106/2018disposed

Gurudeo Mandal v. The State Of Bihar And ORS

2022-09-01Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1106 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Gurudeo Mandal S/o Jagarnath Mandal @ Gagarnath Mandal, R/o Vill.- Gilahbari Samda Ward No. 2, P.S.- Tarabari, District- Araria. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Babita Devi W/o Gurudeo Mandal D/o Parmanand Mandal, 3.

Arti Kumari D/o Gurudeo Mandal, 4.

Jyoti Kumari D/o Gurudeo Mandal, 5.

Prince Kumar S/o Gurudeo Mandal, Opposite Party Nos. 3 to 5 are under the Guardianship of Mother Babita Devi as they are Minor, Opposite Party No .2 to 5 are residents of Vill.- Katahpur, P.S.- Kursakanta, District- Araria.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Abhijeet Gautam, Advocate For the State :

Mr. Md. Sufiyan, APP For the Ops :

Mr. Sanjay Kumar Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-09-2022 Learned counsel for the petitioner submits that the petitioner would not contest the maintenance awarded to his wife and the three children by the learned court below but he wants to enter into an one time settlement with his wife. Learned counsel for the O.P. Nos. 2 to 5 is present. It is submitted that the petitioner is not paying a single penny to the contesting opposite parties, therefore, he must show his bona fides first of all by complying the impugned order so far. If it is done, the applicant-wife (O.P. No. 2) would participate in any conciliation proceeding which may be taken up for an amicable settlement of the disputes.

Patna High Court CR. REV. No.1106 of 2018(6) dt.01-09-2022 2/2 Mr. Md. Sufiyan, learned APP for the State is present. In the given facts and circumstances and taking note of the stand of the parties, this Court is disposing of this application without interfering with the impugned order.

Let the petitioner comply with the directions of the learned Principal Judge, Family Court, Araria in the impugned order for the period so far and thereafter the records may be sent to the mediation centre attached to the learned court below for taking efforts towards an amicable settlement including one time settlement of the dispute between the petitioner and his wife. If the petitioner does not abide by the directions as contained in the impugned order to the extent indicated hereinabove, the learned Principal Judge, Family Court, Araria shall proceed to execute the order in accordance with law. It will be open for the petitioner and his wife to discuss any adjustability of the amount if they go for one time settlement. The application stands disposed of accordingly.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.