Ranjit Roy @ Ranjeet Kumar Roy v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.1210 of 2016 Arising Out of PS. Case No.- Year- Thana- District- ====================================================== Ranjit Roy @ Ranjeet Kumar Roy son of Gharru Roy, Resident of VillageBeroh, P.S.- Kadwa, District- Katihar. ... ... Petitioner/s
Versus
1. State Of Bihar and Anr
2. Punam Devi, wife of Ranjit Roy, Daughter of Guttar Roy, Resident of VillageBeroh, P.S.- Kadwa, District- Katihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suresh Prasad Sah @ Baranwal For the Respondent/s :
Mr.Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-01-2019 This revision application is directed against the order dated 23.09.2012 passed in Maintenance Case No.329 of 2012 whereby the petitioner was directed to pay Rs.3,000/- per month to O.P.No.2 from the date of order.
2. The case in short is that the applicant/O.P.no.2 has filed the maintenance case before the Family Court, Katihar. The complainant is the wife of the petitioner demanding for maintenance of Rs.5,000/- per month.
3. The petitioner has appeared and he has accepted the factum of the marriage but stated that the applicant was quarrelsome lady and she used to flee away to her Maike and also stated that the applicant and his father have assaulted his mother, for which a complaint case was lodged and he has also
Patna High Court CR. REV. No.1210 of 2016(9) dt.29-01-2019 2/3 lodged a case for restitution of the conjugal right. He claims that he is a student of Intermediate of S.N.S.Y. Inter College, Rambagh, Purnea.
4. The learned Family Court after examining the evidence has allowed the maintenance case and directed the petitioner to pay Rs.3,000/- per month as the maintenance.
5. Being aggrieved by the same, the present revision application has been filed.
6. During the pendency of this application, a petition has been filed on behalf of the petitioner stating that he is ready for one time settlement if the O.P.no.2 desires so and thereafter both the parties were called for in the chambers for reconciliation and during the reconciliation, the petitioner was ready to pay Rs.01 lac as one time settlement whereas the demand of the O.P.no.2 is of Rs.2,50,000/- lac as one time settlement.
7. After some discussions with the parties and their lawyers, the petitioner is ready to give Rs.02,00,000/- lac as one time settlement, if he is given sufficient time to deposit the same.
8. Having heard both sides in view of the facts and circumstances, this revision application is disposed of with
Patna High Court CR. REV. No.1210 of 2016(9) dt.29-01-2019 3/3 direction to the petitioner to pay Rs.02,00,000/- lac to the O.P.no.2 in 08 equal installments payable within a period of one year and the first installment he has to pay within a period of one month from today, as such the direction of the Family Court directing the petitioner to pay Rs.3,000/- per month from the date of order is modified to the above effect on payment of one time settlement of Rs.02,00,000/- lac (Two lac) in 08 (eight) equal installments within a period of one year. The above order shall be subject to the condition that if the petitioner fails to deposit the total amount of Rs.02 lac, he has to pay maintenance amount as per direction of the Family Court as per the impugned order.
9. With the above direction, this revision application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T