Rohit Raj v. Shweta Deepti

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.512 of 2022 ====================================================== Rohit Raj son of Satya Narayan Lal Das, Resident of U-14, UGF, Street No. 2, Subhash Park, Bindapur Matiyala Road, Uttam Nagar, West Delhi. ... ... Petitioner

Versus

Shweta Deepti D/o- Chandra Shekhar Lall, Resident of 203, Rajkrishna Apartment, East Boring Canal Road, Post and P.S.- Buddha Colony, DistrictPatna. ... ... Respondent ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Gupta, Advocate For the Respondent/s :

Mr. Pranav Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 17-10-2024 Heard learned counsel for the respective parties for some time.

02. Learned counsel for the petitioner submits that though the impugned order dated 04.12.2019 has been passed by the learned Principal Judge, Family Court, Patna in Matrimonial Case No. 5820 of 2014 but without any material showing the income of the petitioner. Still, the petitioner after taking help from his relatives has been making payment of total maintenance amount of Rs. 9,000/- per months including Rs. 2,000/- as the petitioner was also directed to make payment of Rs. 2,000/- per month to the respondent vide order dated 31.08.2015 passed in Criminal Misc. no. 40933 of 2015. Learned counsel further submits that the matrimonial case of the petitioner has been pending since 2014 and the respondent has

Patna High Court C.Misc. No.512 of 2022 dt.17-10-2024 2/3 been taking undue advantage of the fact that she is the wife/respndent and she is not allowing the matrimonial case to be disposed of. Learned counsel further submits that since the petitioner has made up to date payment of all the amount, he is not pressing his prayer with regard to challenge to the impugned order dated 04.12.2019 and confines his prayer to issuance of direction to the learned Principal Judge, Family Court, Patna for expeditious disposal of the matrimonial case in time bound manner.

03. Learned counsel for the respondent submits that the respondent has already filed the maintenance case vide Maintenance Case No. 1726 of 2014. Learned counsel further submits that the maintenance case has been pending before the learned Additional Principal Judge, Family Court, Patna.

04. In the light of submission of the learned counsel for the petitioner, I think it would be just and proper to direct the learned Principal Judge, Family Court, Patna to dispose of the matrimonial case of the petitioner as well as maintenance case of the respondent within stipulated time period.

05. In view of the fact that maintenance case of the respondent is pending in the court of learned Additional Principal Judge, Family Court, Patna, learned Principal Judge,

Patna High Court C.Misc. No.512 of 2022 dt.17-10-2024 3/3 Family Court, Patna is requested to transfer the Maintenance Case No. 1726 of 2014 in his court and proceed to dispose of both the cases, i.e., Matrimonial Case No. 5820 of 2014 as well as Maintenance Case No. 1726 of 2014 within three months from the date of receipt/production of a copy of this order, without granting unnecessary adjournments to the parties in the matters. The parties are directed to fully co-operate with the proceedings before the learned Family Court.

06. With the aforesaid directions, the present petition stands disposed of.

(Arun Kumar Jha, J) Ashish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18-10-2024 Transmission Date NA