IN THE HIGH COURT OF JUDICATURE AT PATNA
MA No.500 of 2009
RAJESH KUMAR CHOUDHRY @ RAJU
Versus
SWATI DEVI @ PINKI
-----------
11 15-12-2010 Heard the parties.
As appears from earlier orders passed in this
case, Rs two lacs have already been paid to the
respondent in July, 2010. The demand drafts for Rs. 3
lacs which remained to be paid are ready as noted in the
order dated 3rd December, 2010. So far as monthly
maintenance @ Rs. two thousand per month from March
to June, 2010 is concerned, the 3rd Supplementary
affidavit filed on behalf of the appellant discloses that
the said amount has been paid regularly each month
when it became due.
The main concern of the Court was whether to
pay the demand drafts for Rs. 3 lacs to the respondent or
not when a criminal case u/s 498A and other sections of
the IPC pending before a court of Judicial Magistrate, 1st
class, Samastipur bearing G.R. no. 949/2001, Tr. No.
732/2010 and also an Execution case bearing No. 25/09
for release of maintenance amount before the Family
2
Court at Samastipur have not been withdrawn as yet.
Today certified copies of the order sheets have been
produced on behalf of respondent to show that in both
the cases withdrawal applications have been filed. In the
Execution case the matter is to be taken up on the date
fixed from before, that is, 29-12-2010 whereas in the
criminal case the Presiding Officer was on leave on 4th
December, 2010 when the application was filed.
In view of aforesaid stand of the respondent
that she has already taken all the required steps and the
cases shall be withdrawn as soon as the matter is taken
up by the court concerned, let the demand drafts for Rs.
3 lacs be handed over to learned counsel for the
respondent in court just now. The counsel shall make an
endorsement on the order sheet of this court to show
acceptance of demand drafts worth Rs. 3 lacs on behalf
of respondent.
Let this matter be listed under the same
heading after six weeks.
It is expected that the court concerned where
the withdrawal applications have been filed shall take up
3
the matter expeditiously and make efforts to act in
accordance with the compromise recorded by this court
before the next date in this case.
(Shiva Kirti Singh, J.)
BKS/- (Dr. Ravi Ranjan, J.)