Seema Singh vs Sri Sunil Chandra Singh
2023 Latest Caselaw 1207 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
          CIVIL MISCELLANEOUS JURISDICTION No.1566 of 2019
     ======================================================

1. Seema Singh, Daughter of Late Bachchan Prasad Singh, Wife of Sri Sunil Chandra Singh, age about 47 years. (Housewife)

2. Aditi Singh Chandra, Daughter of Sri Sunil Chandra Singh (in the custody of mother Seema Singh), aged about 12 years. (Student) Both Permanent Resident of Sunaiha Niwas, Pratap Nagar, Kumhrar Tola, Redma, Daltonganj, Palamu-822101, Thana-Town Thana, Palamu. Correspondence Address -B/204, Vishnu Bhawan Complex, East Boring Cannel Road, P.S. Budha Colony, District-Patna-800001. Mobiel No. 9308027269, 8709038496.

... ... Petitioner/s Versus

1. Sri Sunil Chandra Singh, Son of Sri Siya Charan Singh, Resident of Makan No. 92, Galli Mohalla-Chogwana, P.O. Doli Chhattarpur, District-Palamu- 822113.

2. Combridge Public School Ranchi Road, North Redma, Daltonganj, Palamu-

822101.

3. Combridge Public School Dubiyakhar, Daltonganj, Palamu.

4. Sri Siya Charan Singh, Son of Late Ramnandan Singh, Resident of Laxmipur Bakhri, P.S. Mahua, District-Vaishali.

5. Sri Satish Chandra Singh, Son of Siya Charan Singh R/o Sunaina Niwas, Pratap Nagar, Kumhrar Tola, Redma, Daltonganj, Palamu

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Ms. Seema Singh (In Person) For the Respondent/s : Mr. Shrawan Kumar, Senior Advocate with Mr. Krishna Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA CAV JUDGMENT Date : 28-03-2023

Heard learned counsel for the parties.

2. As pointed out, it appears that in some of previous

orders in appearance for petitioners in place of Ms. Seema Singh it

is typed as Mr. Seema Singh which is apparently a typing mistake

which requires correction, which is formal in nature, accordingly Patna High Court C.Misc. No.1566 of 2019 dt.28-03-2023

in place of Mr. Seema Singh it be corrected and read as Ms. Seema

Singh.

3. This Miscellaneous Application has been filed by the

petitioners for direction to the Court below inter-alia for early

disposal of the Maintenance Case No. 100/2013 and Matrimonial

Case No.398/2010 pending in the Court of learned Additional

Principal Judge, Family Court, Patna.

4. From perusal of the record, it appears that the

petitioner no. 1 is wife of respondent no. 1 and petitioner no. 2 is

their minor daughter. The marriage of petitioner no. 1 with

respondent no. 2 was solemnized on 13. 02. 2006 as per Hindu

rites and ceremonies and from their wedlock a daughter i.e.,

petitioner no. 2 was born on 11.08.2007. Respondent no. 1who is

husband of petitioner no. 1 filed a divorce case bearing

Matrimonial Case No. 398/2010 against his wife/petitioner no. 1

on the ground of cruelty and desertion in which petitioner no. 1

filed an application under Section 24 of Hindu Marriage Act, 1955

for maintenance pendente lite and expenses of proceeding which

was allowed vide order dated 21.02.2011 directing the husband to

pay total amount of Rs. 10,000/- per month (Rs. 8,000/- for the

maintenance of the petitioner-wife and Rs. 2,000/- for the

maintenance of the minor daughter) and Rs. 6,000/- in lump sum Patna High Court C.Misc. No.1566 of 2019 dt.28-03-2023

by way of litigation cost. On petition of petitioner-wife for

enhancement of said maintenance amount the same was enhanced

to Rs. 12,000/- per month as interim maintenance and Rs. 20,000/-

lump sum as admission fee for the daughter vide order dated

26.04.2013. Later on the said maintenance amount had been

further enhanced by Rs. 3,000/- (i.e., total Rs. 15,000/- p.m.) by

order dated 03.01.2015.

5. It also appears that the petitioner-wife has also filed a

Maintenance Case No. 100/2013 under Section 125 Cr.P.C. The

respondent husband has filed CWJC No. 2843/2014 against the

order of aforesaid enhancement of maintenance amount. However,

this Court had rejected the said application and directed the Court

below vide order dated 15.01.2016 to dispose of the Matrimonial

Case No. 398 of 2010 by December, 2016 and further directed to

maintain the time frame and also consider the desirability for

taking up other litigation between the parties pending before it

along with Matrimonial Case No. 398 of 2010, if so prayed, in

accordance with law. It was further directed that husband of the

petitioner-wife shall pay an amount of interim maintenance in

accordance with the order dated 03.01.2015 at the rate of Rs.

15,000/- per month to the petitioner-wife and the minor daughter. Patna High Court C.Misc. No.1566 of 2019 dt.28-03-2023

6. The petitioner No. 1 has submitted that many cases

has been pending between the parties and her Maintenance

application bearing no. 100/2013 and Matrimonial Case No. 398

of 2010 is still pending in the Court of learned Additional Principal

Judge, Family Court, Patna causing great hardship to her. She has

also stated that even the respondent-husband is not paying the

interim maintenance amount regularly due to which, she is unable

to maintain herself and her minor daughter. She prayed that the

learned Court below be directed to expedite the aforesaid

Matrimonial Case No. 398 / 2010 and Maintenance Case No. 100 /

2013 to dispose of expeditiously and also to give direction to

ensure that the respondent - husband shall pay the arrears amount

and also make timely payment of her maintenance amount.

7. On the other hand learned Senior counsel for the

respondent-husband has submitted that the respondent-husband is

making the payment to the petitioner as directed by the Court

below and there is no dues payable by the respondent-husband as

claimed and in support of the same statement of payment made

time to time has been filed. He has further submitted that the

respondent-husband is ready to pay arrears amount, if any and is

ready to co-operate in disposal of both the cases and the petitioner Patna High Court C.Misc. No.1566 of 2019 dt.28-03-2023

may be directed to co-operate in expeditious disposal of the

aforesaid cases.

8. Having heard learned counsel for the parties and on

perusal of the material on record, it appears that Matrimonial

Litigation and the Maintenance Petition between the parties are

pending since long.

9. As stated above, this Court has earlier directed to

dispose of those cases within time frame but the same has not

complied with forcing the petitioners to file this Civil

Miscellaneous application for early disposal of the cases pending

before the learned Principal Judge, Family Court, Patna. In view of

the aforesaid facts and circumstances and in view of the earlier

direction in the said order dated 05.05.2016 in Civil Writ

Jurisdiction Case No. 2843 of 2014 it is directed to the learned

Court below to take all the necessary steps for early disposal of

both the cases i.e., Matrimonial Case No. 398/2010 and

Maintenance Case No. 100/2013 if not disposed of and are still

pending and in this regard both the parties are also directed to co-

operate with the learned trial Court. The learned trial Court is also

directed to ensure the regular payment of maintenance amount as

ordered and also to ensure payment of arrears amount, if any.

Patna High Court C.Misc. No.1566 of 2019 dt.28-03-2023

10. This Civil Miscellaneous application is accordingly,

disposed of with aforesaid observation and direction.

(Sunil Dutta Mishra, J)

Anand Kr.

AFR/NAFR                 NAFR
CAV DATE                09-02-2023
Uploading Date          28.03.2023
Transmission Date