Patna High Court
Ravikant Deo vs Sandhya Kumari on 17 July, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.821 of 2025
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Ravikant Deo S/o Late Ramanand Singh R/o Village- Daulatpur, PS- Bath
PO-Khanpur Mal, Distt. -Bhagalpur, A/P- Qtr. No.-20 A/60, Sixty Set
Officers Flat, Bailey Road, PS-Kotwali, Patna-800001
... ... Petitioner/s
Versus
1. Sandhya Kumari D/o-Sri Ram Govind Pandey R/o-C/o Sri Ram Govind
Pandey, Mohalla-Priyadarshi Naga, Near DPS More, West Bailey Road, PS-
Rupaspur Distt.-Patna-801503
2. Shailee Shree D/o-Ravikant Deo R/o-C/o Sri Ram Govind Pandey, Mohalla-
Priyadarshi Naga, Near DPS More, West Bailey Road, PS-Rupaspur Distt.-
Patna-801503
... ... Respondent/s
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Appearance :
For the Petitioner/s : Ms.Roona, Advocate
For the Respondent/s : Mr. Deovind Kumar Singh, Advocate
Mr. Utpal Kant, Advocate
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 17-07-2025
Record taken up on mentioning being made on behalf
of the petitioner.
2. Present learned counsel for the petitioner as well as
learned counsel for the respondents, who appeared suo motu
without notice.
3. The petitioner is aggrieved by the order dated
16.05.2023
passed in Maintenance Case No. 285(M)/2017 by
learned Additional Principal Judge, Family Court, Patna.
4. Learned counsel for the petitioner submits that
petitioner is opposite party in Maintenance Case No.
285(M)/2017 and is husband of respondent no. 1 and respondent
no. 2 is the daughter of the petitioner. Learned counsel further
submits that in terms of a settlement before State Women
Patna High Court C.Misc. No.821 of 2025 dt.17-07-2025
Commission, the petitioner has been making payment of
Rs.12,000/- per month to the respondent no. 1 and has also been
paying the educational expenses of respondent no. 2 from time to
time. These payments are being made voluntarily by the
petitioner. Learned counsel further submits that however on
application of respondents dated 23.02.2021 for grant of interim
maintenance, though the fact was placed before the Court about
payment being made by the petitioner to the tune of Rs.12,000/-
per month towards maintenance amount and also meeting
educational expenses of respondent no. 2, still, the learned trial
court ordered the petitioner to make payment of Rs. 17,000/- per
month as interim maintenance amount with effect from the date
of filing of the application for interim maintenance. The learned
trial court further ordered the petitioner to make payment of Rs.
20,000/- as litigation cost. Learned counsel submits that litigation
cost has already been paid. However, if the adjustment of
Rs.12,000/- is made with effect from the date of filing of the
application, the balance amount i.e., Rs.5000/- per month since
23.02.2021 till date comes to Rs. 2,70,000/- and the same shall be
paid in two installments. Learned counsel further submits that
moreover, the impugned order dated 16.05.2025 is not sustainable
for the reason that prior to passing of the order the matter was
fixed for furnishing affidavit of asset and liabilities and without
Patna High Court C.Misc. No.821 of 2025 dt.17-07-2025
following the guidelines of the Hon'ble Supreme Court in the
case of Rajnesh Vs. Neha & Anr. (Criminal Appeal No. 730 of
2020) the order was passed by the learned trial court ignoring the
guidelines.
5. The learned counsel appearing on behalf of the
respondents submits that there is no infirmity in the impugned
order. Learned counsel further submits that the petitioner has not
been making payment of educational expenses of respondent no.
2 as claimed by the petitioner. However learned counsel admits
that Rs.12,000/- per month is being paid to the respondents by the
petitioner and learned counsel further submits that the
respondents are agreeable to the proposal that payment of
Rs.17,000/- be made with effect from 23.02.2021 till date
adjusting the amount of Rs.12000/- already paid by the petitioner.
Learned counsel further submits that this amount should be paid
in one go considering the fact that the respondent no. 2 has to be
admitted in some engineering college and money is required for
the said purpose. Learned counsel further submits that the present
petition may be disposed of while granting adjustment of
Rs.12,000/- being paid but at the same time, he submits that
learned trial court be directed to expedite the proceeding and
dispose of Maintenance Case No. 285(M)/2017 at the earliest,
since matter has been pending since 2017.
Patna High Court C.Misc. No.821 of 2025 dt.17-07-2025
6. Having regard to the submission of the learned
counsel for the parties regarding offer and counter-offer, the
petitioner is directed to make payment of amount of Rs.
2,70,000/- in two installments and 1st installment be paid from 1-
5 August, 2025 and 2nd installment from 1-5 September, 2025.
The petitioner will continue to make payment of interim
maintenance amount of Rs. 17,000/- per month to the respondents
from the date of order, i.e., 16.05.2023 till the disposal of the
maintenance case and he would also be entitled to adjustment of
the amount of Rs.12,000/- being paid by the petitioner. The order
dated 16.05.2023 stands modified to the aforesaid extent.
7. Accordingly, without entering into the merits of the
case, the present petition stands disposed of.
8. The learned trial court is directed to expedite the
proceeding of Maintenance Case No. 285(M)/2017 pending
before it and try to dispose it of at the earliest, preferably within
six months from the date of receipt/ production of copy of this
order.
(Arun Kumar Jha, J)
Anuradha/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 18.07.2025.
Transmission Date N/A
