Devashish Saha S/o Late Sachindra Chandra Saha v. State of Bihar
2012-01-27
AHSANUDDIN AMANULLAH
body2012
DigiLaw.ai
ORDER : AHSANUDDIN AMANULLAH, J. I.A. No. 2145 of 2011 1. Learned counsel for the petitioner, learned counsel for the opposite parties no. 2 and 3 and Mrs. Indu Bala Pandey, learned A.P.P. for the State are present. 2. Upon hearing the parties and taking into consideration the averments made in the I.A. the delay in filing of the present revision application is condoned. I.A. No. 2145 of 2011 accordingly stands allowed. 3. This application is directed against the order dated 26.02.2011 passed by the Principal Judge, Family Court, Katihar in Maintenance Case No.26 of 2002 by which the petitioner has been directed to pay Rs. 4,000/- per month to his wife, that is, opposite party no. 2 and also Rs. 3,000/- per month to his minor daughter by way of maintenance allowance. 4. Learned counsel for the petitioner has assailed the order mainly on the ground that the petitioner was not heard and the order is ex-parte. Learned counsel submits that it is a case of opposite party no.2 deserting the petitioner and at no point of time the petitioner has turned her out not being ready to keep her. It is submitted that even now the petitioner is ready to keep the opposite party no. 2 as well as his daughter with him with full dignity, honour and security. Learned counsel submits that it is only the attitude and rigidness of opposite party no. 2 that she does not want to live with the petitioner. Earlier, notice was issued to opposite party no.2 and she is being represented by learned counsel before the Court. 5. Upon hearing counsel for the parties, this Court is of the opinion that the petitioner is entitled to an opportunity to contest the case and place materials which, according to him, are germane and required to be taken into consideration before passing any order fixing maintenance. 6. For the reasons aforesaid, the order dated 26.2.2011 passed in Maintenance Case No. 26 of 2002 by the Principal Judge, Family Court, Katihar is set aside. The matter is remanded to the Court below for fresh consideration in accordance with law after giving due opportunity of hearing to the parties.
6. For the reasons aforesaid, the order dated 26.2.2011 passed in Maintenance Case No. 26 of 2002 by the Principal Judge, Family Court, Katihar is set aside. The matter is remanded to the Court below for fresh consideration in accordance with law after giving due opportunity of hearing to the parties. However, since the matter relates to grant of maintenance to the wife and minor daughter who are now separated from the petitioner and may not have much to depend upon, the Court below is directed to hear the case and decide the same expeditiously and in any case within a maximum period of three months from the date of receipt/production of a copy of this order before it. 7. Learned counsel for the petitioner has submitted that pursuant to the order impugned, as per the direction and communication of the Principal Judge, Family Court, Katihar to the Senior Manager (Treasury), C.E.S.C. Limited at Kolkata, an amount of Rs. 55,000/- has already been directed to be attached from the salary of the petitioner in favour of opposite party no.2. A copy of the said communication dated 21.9.2011 and notice to the petitioner dated 17.10.2011 have been produced by learned counsel for the petitioner and the same is being kept on record. 8. Taking into consideration the fact that as per the stand of learned counsel for the petitioner, Rs. 55,000/- has been paid to the opposite party no. 2 about three months back, this Court feels that by way of interim arrangement the petitioner shall be obliged to pay Rs. 2,000/- per month by way of maintenance only for the minor daughter, that is, opposite party no. 3. The Court shall also make serious efforts for reconciliation. 9. This application stands allowed to the extent indicated above. 10. Learned counsel for the petitioner shall ensure that Rs.55,000/-, as claimed by learned counsel for the opposite party, is paid, if not already paid. The said amount be deposited in Canara Bank, Katihar, in Savings Bank Account No. 1761101004429 of the opposite party no. 2 and the amount of Rs. 2,000/- which has been fixed by this Court is also to be paid to the opposite party no. 2 promptly every month within 15 days from today and similarly thereafter. 11. Let the order be communicated thorough fax upon deposition of the requisite fee on behalf of the petitioner.