High Court Patna High Court - Orders

Rajesh Kumar Choudhry @ Raju vs Swati Devi @ Pinki on 15 December, 2010

Patna High Court – Orders
Rajesh Kumar Choudhry @ Raju vs Swati Devi @ Pinki on 15 December, 2010
                  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
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Court at Samastipur have not been withdrawn as yet.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cases shall be withdrawn as soon as the matter is taken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
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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.)