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2011 DIGILAW 469 (JHR)

Nivha Sinha v. Ranjit Prasad

2011-06-09

PRASHANT KUMAR

body2011
Order 1. It is submitted by learned counsel for the petitioner that petitioner is a woman residing at Giridih at her parental house and she has no source of income. It is also submitted that petitioner has filed a Miscellaneous Case at Giridih under Section 125 of the Cr.P.C. in which maintenance of Rs. 1,500/- awarded in her favour from the date of application (6.5.2008), but in spite of said order, up till now respondent/opp. party has not paid a single penny. Accordingly, it is submitted that petitioner is not in a position to pursue case of Bokaro, hence it is prayed that matrimonial Title Suit No. 242 of 2009 be transferred in the Court of Principal Judge, Family Court, Giridih. 2. On the other hand, Sri Atanu Banerjee, learned counsel appearing for the respondent/opp. party submits that in pursuance of the order dated 8.9.2010 in Miscellaneous Case No. 335 of 2008, respondent/opp. party had sent a draft of Rs. 9,0001- to the petitioner. but the same has been returned. He further submits that respondent/opp. party is also ready to pay rest of the amount of maintenance i.e. for the month of March, April, May and June 2011 to the petitioner. He further submits that so far arrear of maintenance amount i.e. from 6.5.2008 to 7.9.2010 is concerned, it is submitted that against the same, respondent/opp. party has filed a revision in this court vide Cr. Revision No. 1094 of 2010 which is still pending. However, he submits that no stay has been granted by this court, as the said Cr. Revision has not been taken up for hearing. He further submits that respondent/opp. party is ready to pay Rs. 1,000/- to the petitioner on each date fixed in the matrimonial suit provided she physically appear before Principal Judge, Family Court, Bokaro. 3. In view of the aforesaid submission made by Atanu Banerjee, I am not inclined to transfer this case from the Court of Principal Judge, Family Court, Bokaro to Principal Judge, Family Court, Giridih. 4. However aforesaid order passed subject to following conditions:- (i) Respondent/opp. Party will furnish a draft of Rs. 9,000/- in favour of petitioner in the Court of Principal Judge, Family Court, Giridih within one week from today towards maintenance for the month of September 2010 to February 2011 and learned Principal Judge shall handover the same to petitioner on proper identification. (ii) Respondent/opp. Party will furnish a draft of Rs. 9,000/- in favour of petitioner in the Court of Principal Judge, Family Court, Giridih within one week from today towards maintenance for the month of September 2010 to February 2011 and learned Principal Judge shall handover the same to petitioner on proper identification. (ii) Respondent/opp. party shall deposit maintenance for the month of March to June, in the Court of Principal Judge, Family Court, Giridih within one week from today and petitioner has liberty to withdraw the same from the said court. (iii) Respondent/opp. party is further directed to pay Rs. 1,000/- to petitioner in the Court of Principal Judge Family Court, Bokaro on each date fixed by the said Court provided on that date, petitioner remain physically pr8sent in that court. (iv) Respondent/opp. party is directed to make payment of current maintenance allowance to petitioner on each month, as ordered by the Principal Judge, Family Court, Giridih. 5. Before parting with this order, I am making it clear that I am not passing any order regarding• payment of arrears of maintenance i.e. from the date of application under Section 125 Cr.P.C. till the date of passing the order because a Cr. Revision is pending in this Court. However, it is open for the petitioner to take all coercive steps for the same. 6. With the aforesaid observation and direction, this application is disposed of.