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Patna High Court · body

2008 DIGILAW 369 (PAT)

Harishankar Pandey v. State of Bihar

2008-02-20

body2008
ORDER This application has been filed on behalf of the petitioner for clarification of the order, dated 29.8.2007 passed in Criminal Misc. No. 18833 of 2007. 2. As per the order passed on 29.8.2007 a decree of divorce has already been granted. 3. Learned counsel for the petitioner submits that since one time settlement has been envisaged as per the aforesaid order, one time settlement was arrived at between the parties in terms of the compromise reached by them and the opp. party had to pay a total sum of Rs. 5 lakhs. The petitioner has already paid Rs. 2.5 lakhs and the rest amount has to be paid in instalments as indicated in the decree of divorce. 4. Before the case was compromised, the petitioner was paying Rs. 4,500/- per month which was being deducted from his salary every month by the office where he was working. Learned counsel submits that since the payment as per the order of this court has already been made and is in the process of being implemented as per the decree, now the office should not take any further steps for deducting the maintenance of Rs. 4,500/- from the salary. 5. Counsel for opp. party no. 2 who is also present in court has no objection to the prayer made on behalf of the petitioner. 6. In view of the aforesaid facts the order, dated 26.8.2007 is clarified to the extent that after the decree of divorce the maintenance amount which was g anted to opp. party no. 2 is no longer to be paid by the petitioner after the decree of divorce. 7. This application is disposed of accordingly.