Sonu Singh @ Sonu Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.537 of 2016 Arising Out of PS. Case No.- Year- Thana- District- East Champaran ====================================================== Sonu Singh @ Sonu Kumar Singh ... ... Petitioner/s

Versus

State Of Bihar & Anr ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Respondent/s :

Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-12-2018 This revision application has been filed against the judgment dated 01.04.2016 passed by the learned Principal Judge, Family court, Motihari, East Champaran, in Maintenance Case No.275 of 2010 filed by O.P.No.2 by which the petitioner was directed to pay Rs.5000/- per month as maintenance to O.P.No.2 by 15th of every succeeding month from the date of institution of the case, i.e. 24.08.2010, failing which the O.P. will have right to get the maintenance through the process of the court and the petitioner was further directed to pay a lump sum amount of Rs.10,000/- to the opposite party to meet the cost of litigation.

This case was heard in detail on 26.11.2018 and after some argument the petitioner became ready to pay Rs.3500/- per month in place of Rs.5000/- and accordingly, time was granted

Patna High Court CR. REV. No.537 of 2016(9) dt.04-12-2018 2/3 both the parties to seek instruction in this case. Learned counsel for the petitioner submits that the petitioner is ready for one time settlement, however, in spite of that he is ready to pay Rs.3500/- per month till parties would have decided for one time settlement.

Heard the learned counsel for the O.P. In view of the fact that O.P.No.2 has no objection if Rs.3500/- is paid per month to O.P. He further submits that despite distress warrant petitioner is not regularly paying the maintenance amount. As such, he may be directed to pay the maintenance amount to O.P. In view of the fact that both the parties have agreed about payment of maintenance amount of Rs.3500/-, as stated above, this revision application is disposed of with a modification and in place of the maintenance amount of Rs.5000/- per month, the petitioner is directed to pay Rs.3500/- per month to O.P. from the date of filing of this application. However it is open for the parties to make endeavour for one time settlement.

Petitioner is directed to pay the arrears of maintenance amount in two installments within a period of six months and pay regular maintenance on 15th of each month and if he fails, the learned family court shall take steps in accordance with law

Patna High Court CR. REV. No.537 of 2016(9) dt.04-12-2018 3/3 against the petitioner.

With the aforesaid direction this application is disposed of.

(Vinod Kumar Sinha, J) aks/- U