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2012 DIGILAW 744 (PAT)

Anita Thakur v. Deepak Kumar Jha

2012-05-08

AHSANUDDIN AMANULLAH

body2012
ORAL ORDER Heard Mr Bidhanesh Mishra, learned counsel for the petitioner and Mr V.M.K. Sinha, learned counsel appearing for the Opposite Party No. 2. 2. The revision application originally came to be filed against the order dated 12.04.2007 passed by the Additional Principal Judge, Family Court, Patna in Maintenance Case No. 46(M) of 2004 by which the Opposite Party No. 1 was directed to pay ad-interim maintenance of Rs. 1000/- per month to the petitioner with effect from the date of passing of the order. It appears that pursuant to notice, the Opposite Party No. 1 appeared and also filed his counter affidavit. The same is on record. The ground taken to contest the prayer of the petitioner is that the petitioner is running a school with good number of students and thus she earns sufficiently to maintain herself. The Opposite Party No. 1 has also tried to show that due to the fault of the petitioner, the marriage is not continuing and she is living separately. 3. This Court had repeatedly granted indulgence and had kept adjourning the matter including issuance of notice again to the Opposite Party No. 1 which, as per the office report, has been received by him. However, he has not chosen either to appear or to contest the same through an advocate. With the Opposite Party No.1 not appearing before this Court without any cause being shown this Court on 16.4.2012 had permitted the learned counsel for the petitioner to implead the B.C.C.L. through its Chairman, Dhanbad as Opposite Party No. 2, who was directed to file an affidavit with regard to the pay and other emoluments of the Opposite Party No. 1. 4. Mr. V. M. K. Sinha, learned counsel appearing for the Opposite Party No. 2 has filed the affidavit, as directed. Let the same be kept on record. From the affidavit it transpires that the petitioner is presently posted as Sr. Manager (Mining) and posted at Shaft Mine, Sudamdih. His gross salary for the month of February has been shown to be Rs. 1,22,882/25 and net payable salary as Rs. 89,191/- per month. Let the same be kept on record. From the affidavit it transpires that the petitioner is presently posted as Sr. Manager (Mining) and posted at Shaft Mine, Sudamdih. His gross salary for the month of February has been shown to be Rs. 1,22,882/25 and net payable salary as Rs. 89,191/- per month. Learned counsel for the petitioner has also filed a supplementary affidavit in which a certificate has been issued from the school which was alleged by the Opposite Party No. 1 to belong to the petitioner in which the Director of the said school has given a certificate categorically stating that the petitioner has no concern with the aforesaid institution in any capacity. 5. In view of the position emerging, this Court does not wish to keep the present proceeding pending since the challenge is to an ad-interim arrangement of maintenance. Learned counsel for the petitioner informs this Court that the matter is still pending at that very stage since the Opposite Party No. 1 has not filed his pay slip so as to enable the court below to come to a just decision. 6. Upon considering the facts and circumstances of the case and after hearing the learned counsel appearing for the petitioner and the Opposite Party No. 2, the present revision application is disposed off in the following terms:- (i) The amount of ad-interim maintenance is enhanced to Rs. 20,000/- (Twenty thousand) per month which shall be deducted from the pay of the Opposite Party No. 1 by the Opposite Party No. 2 and directly credited to the account of the petitioner. The petitioner shall furnish details of the bank account in which credit has to be made, within three weeks from today to the Opposite Party No. 2. (ii) The Additional Principal Judge, Family Court, Patna or the Court before which Maintenance Case No. 46(M) of 2004 is pending, shall expeditiously dispose off the case latest within a period of four months from the date of the communication of this order. The petitioner shall file appropriate affidavit before the court bringing on record the details of the pay slip with regard to the monthly emoluments the Opposite Party No. 1 is getting as per details in the affidavit filed by Opposite Party No. 2 in the present proceeding. The Court shall also pass orders with regard to the arrears. The petitioner shall file appropriate affidavit before the court bringing on record the details of the pay slip with regard to the monthly emoluments the Opposite Party No. 1 is getting as per details in the affidavit filed by Opposite Party No. 2 in the present proceeding. The Court shall also pass orders with regard to the arrears. (iii) This court also holds that the petitioner shall be entitled to maintenance from the date of filing of the application i.e., 2004 itself. However, the actual quantification of the amount to be payable from that date till passing of the final order should also be done by the court below while passing the final order. (iv) The court below shall take into account the total amount payable to the Opposite Party No. 2 from time to time while fixing amount with regard to the arrears. 7. It is clarified that the direction of Rs. 20, 000/- from the salary of the opposite party no. 1 to be paid to the petitioner shall start from the month of May, 2012.