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2009 DIGILAW 199 (PAT)

Deepak Subhasham v. Geeta Chaurasia

2009-02-06

RAVI RANJAN

body2009
JUDGEMENT 1. Heard learned counsel for the parties. 2. This case is being disposed of at this stage at the instance of the parties. 3. The petitioner is aggrieved by the order dated 2.11.2006, passed by the Principal Judge, Family Court, Motihari, East Champaran in Maintenance Case No. 7 of 2006, whereby on a petition filed by the opposite party-wife under Section 24 of the Hindu Marriage Act (hereinafter referred to as the Act) has been allowed and an amount of Rs. 6,000/- per month by way of maintenance and Rs. 1,500/- per month towards litigation cost have been allowed from the date of presentation of the aforesaid petition under Section 24 of the Act till disposal of the case. 4. Learned counsel appearing for both parties jointly request for a consensus order to be passed in this case. They have agreed that if the amount of Rs, 7,500/- is reduced to Rs. 5,000/- per month, it would be sufficient for maintenance of the wife alongwith her two children and the husband would also be able to pay the aforesaid sum. 5. In the above facts and circumstances, this Civil Revision is disposed of by modifying the amount as fixed by court below for maintenance of the wife and her children including the litigation cost to the consolidated amount of Rs. 5,000/- per month, to which the parties have agreed as aforesaid. 6. The petitioner undertakes to clear all his previous dues calculated on the modified amount within a period of two months from the date of such calculation. 7. I, thus, direct the court below to recalculate the arrears as per the modified amount as aforesaid immediately on receipt or production of a copy of this order and thereafter within two months the petitioner shall pay the entire arrear as calculated and also regularly pay Rs. 5,000/- per month to the opposite party failing which the impugned order dated 2.11.2006 shall stand restored. 8. It is made clear that this Court has not expressed any opinion with regard to the merit of the case and the case is being disposed of with the consent of the parties in the aforesaid manner. 9. Since the matrimonial case is of the year 2006, the court below is directed to conclude the case within next six months from the date of receipt or production of this order. 9. Since the matrimonial case is of the year 2006, the court below is directed to conclude the case within next six months from the date of receipt or production of this order. The court below shall immediately commence the proceedings without giving unnecessary adjournments to either of the parties save and except the grounds to be taken for adjournment are in the interest of justice. 10. The impugned order dated 2.11.2006 is modified to the aforesaid extent. 11. This Civil Revision is accordingly disposed of.