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2012 DIGILAW 139 (PAT)

Nitish Kumar v. Pinki Kumari

2012-01-23

R.M.DOSHIT

body2012
ORDER Feeling aggrieved by the judgment and order dated 26th July 2011, passed by the learned Principal Judge, Family Court, Patna, in Matrimonial Case No. 553 of 2010, the applicant before the Family Court, the husband, has preferred this petition under Article 227 of the Constitution. 2. Learned Advocate Mr. Sudhir Kumar Raj has appeared for the petitioner. He has submitted that under order dated 8th June 2010 made in Case No. 98(M) of 2009, the learned Principal Judge, Family Court, Patna has awarded an interim monthly maintenance of Rs. 3,000/- to the respondent and a cost of Rs. 4,000/-. The aforesaid amounts of cost and monthly maintenance are recovered from the salary of the petitioner every month regularly. Nevertheless, by the impugned judgment and order dated 26th July 2011, made under Section 24 of the Hindu Marriage Act, 1956, the learned Principal Judge, without considering the maintenance awarded under Section 125 of the Code of Criminal Procedure, on 8th June 2010 has directed to pay monthly maintenance of Rs. 6,000/- to the respondent and a cost of Rs. 7,000/-. 3. Mr. Sudhir Kumar Raj has also submitted that the above-referred Matrimonial Case No. 553 of 2010 has been filed by the petitioner for a declaration that the marriage between the petitioner and the respondent is null and void on medical grounds. The petitioner has also filed Hindu Marriage Application No. 609 of 2009 for a direction to the respondent to appear before the Medical Board, Patna Medical College and Hospital and to produce the medical report. Mr. Raj has submitted that the aforesaid application made by the petitioner goes to the root of the matter. However, the learned Principal Judge, Family Court has postponed the hearing of the said application till the hearing of the suit. 4. Learned Advocate Mr. Ranjan Kumar Sinha has appeared for the respondent. He has submitted that although there is a direction for payment of monthly maintenance and deduction from the salary of the writ petitioner, till date neither the petitioner has paid a farthing to the respondent nor the amount is being deducted from his salary. He further states that the respondent is ready to get medically examined and produce the medical report. 5. He further states that the respondent is ready to get medically examined and produce the medical report. 5. In above circumstances I believe that the ends of justice shall be met if the petitioner is directed to deposit the entire arrears of maintenance and the cost of litigation awarded by the Family Court below in the Family court and the respondent is directed to present herself before the Medical Board, Patna Medical College and Hospital. 6. For the aforesaid reasons, it is directed that the petitioner will, within four weeks from today, deposit the amount of arrears, if any, of litigation cost and the maintenance in the Family Court. The petitioner will, unless the amount of maintenance is recovered from his salary, continue to deposit the monthly maintenance regularly in the Family Court below until further order is made by the Family Court pursuant to the report of the Medical Board, Patna Medical College and Hospital. On such deposit being made, within two weeks therefrom, the Family Court will issue appropriate direction in Hindu Marriage Application No. 609 of 2009 for medical examination of the respondent wife by the Medical Board, Patna Medical College and Hospital. On such order being made, the respondent wife will appear before the Medical Board for medical examination as directed. The report of the Medical Board, Patna Medical College and Hospital will be placed on the record of Matrimonial Case No. 553 of 2010. 7. The Family Court will, on receipt of the medical report, make order in respect of maintenance pendente lite in accordance with law. The Family Court will also be at liberty to make order of disbursement of the amount of maintenance and costs deposited in the said Court under this order. 8. Subject to the above directions, the petition stands disposed of.