Citation : 2025 Latest Caselaw 287 Patna
Judgement Date : 14 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.321 of 2025
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Pallavi Kumari, Wife of Vivek Kumar Singh, Resident of Village-Sakrohar,
Ward No.-8, P.S.- Beldour, District-Khagaria and Presently Residing at
Village-Lattipakar, P.S.-Gopalpur, District-Bhagalpur.
... ... Petitioner/s
Versus
Vivek Kumar Singh, Son of Balram Prasad Singh, Resident of Village-
Sakrohar, Ward No.-8, P.S.-Bedour, District-Khagaria.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Krishna Chandra, Advocate
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 14-05-2025
The record taken up on mentioning being made on
behalf of the petitioner.
2. Heard learned counsel for the petitioner.
3. The present petition has been filed seeking
following reliefs :
"(A). For issuance of direction upon the respondent husband to make payment of all the dues to the tune of Rs.5,70,000/- (Till January, 2025) to the petitioner wife pursuant to the direction of learned Principal Judge, Family Court, Bhagalpur vide order dated 25.10.2019 passed in Maintenance Case No. 01/2019 by which the respondent was directed to make payment of Rs.12,000/- every month by way of interim maintenance to his wife.
(B). For issuance of direction upon the Patna High Court C.Misc. No.321 of 2025 dt.14-05-2025
learned Principal Judge, Family Court, Bhagalpur to conclude and dispose of the Maintenance Case No.01/2019 preferred by the petitioner against her husband at an earliest, which is pending since last more than 6 years causing great hardship to the petitioner in pursuing to the matter for several years.
(C). For issuance of direction upon the learned Principal Judge, Family Court, Bhagalpur to enhance the interim maintenance payable to the petitioner for which an appropriate application has already been filed by the petitioner, but no order could be passed till date.
(D). For any other relief/reliefs which the Hon'ble Court may grant in the interest of the petitioner that may be deemed appropriate and necessary in this case".
4. The learned counsel for the petitioner submits that
the petitioner does not press any of the relief except relief no.
(B). The learned counsel further submits that the evidence of the
respondent was closed on 18.10.2023 and, thereafter, the matter
has been coming at the stage of argument. But till date, the
matter has not been disposed of.
5. Since the petitioner restricts his prayer only for
expeditious disposal of Maintenance Case No.01/2019 preferred
by the petitioner against her husband, I do not think there is any
need to issue notice to the respondent as the matter of public Patna High Court C.Misc. No.321 of 2025 dt.14-05-2025
policy, all the cases need to be decided at the earliest and
specially the maintenance cases which results in vagary and
destitution if not disposed of within a reasonable time period.
6. Having considered the aforesaid facts and
circumstances as well as submission made on behalf of the
petitioner, the learned Principal Judge, Family Court, Bhgalpur
is directed to dispose of the Maintenance Case No. 01 of 2019
on its merits and in accordance with law preferably within a
period of three months from the date of receipt/production of a
copy of this order considering the fact that the matter has been
pending for six years and the evidence of the respondent was
closed way back in the year 2023.
7. The parties are directed to cooperate in the matter
for its early disposal without seeking unnecessary adjournment.
8. With the aforementioned observations and
directions, the instant petition stands disposed of.
(Arun Kumar Jha, J) V.K.Pandey/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 14.05.2025 Transmission Date NA
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