Ajay Kumar Thakur v. Kumari Sucheta

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.517 of 2015 =========================================================== Ajay Kumar Thakur S/o Shri Ram Bilash Thakur R/o Mohalla - Mogalpura, P.S. - Laheriasarai, District - Darbhanga.

.... .... Appellant

Versus

Kumari Sucheta W/o Ajay Kumar Thakur, D/o Shri Chandra Shekhar Sharma Mohalla - Rajiv Nagar (Near PICO Bhavan), Road No. 6, Patna. .... .... Respondent =========================================================== Appearance :

For the Appellant : Mr. Awadhesh Kumar, Advocate For the Respondent : Mr. Binod Kumar Mishra, Advocate Mr. Vishal Saurabh, Advocate =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date: 08-05-2017 Heard learned counsel for the appellant and learned counsel for the respondent.

This appeal has been preferred by the appellant-husband assailing a part of the judgment dated 23.06.2015 passed by the Additional Principal Judge, Family Court, Patna in Matrimonial Case No. 58 of 2011 by which while dissolving the marriage of the appellant and respondent it was further ordered for grant of maintenance of Rs. 3,500/- per month to the respondent for the maintenance, welfare and proper education of the minor son Sujay Kumar till he attains majority from the date of the judgment. The maintenance amount was required to be paid to the mother of the minor by 15th of every succeeding month. Admittedly the amount has not been paid. Such order of payment has been challenged in this appeal.

Patna High Court MA No.517 of 2015 dt.08-05-2017 However, a supplementary affidavit has been filed by the respondent on 27th of April, 2017 stating in paragraph 2 that at present the respondent is not working with any organization or engaged with any agency.

Learned counsel for the appellant submits that the appellant does not want to pursue this appeal. Accordingly, this appeal is disposed of with a direction to the appellant to pay the amount of maintenance calculated from the date of the judgment till the date of payment before the Court below itself, so that the same could be withdrawn by the respondent-wife. So far as payment of current maintenance till the minor child attains the age of majority is concerned, the respondent-wife will provide her bank account number in writing before the Court below. In that bank account the maintenance amount would be deposited by the appellant by 15th of every succeeding month commencing after this month till which, the amount would be paid as arrear. This disposes the appeal.

It is made clear that this judgment has been passed with the consent of the parties.

(Dr. Ravi Ranjan, J) (Vikash Jain, J) Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 11.05.2017 Transmission Date N.A.