NIVHA SINHA Vs. RANJIT PRASAD

JUDGEMENT

(1.) IT is submitted by learned counsel for the petitioner that petitioner is a woman residing at Giridih at her parental house and she has no source of income. It is also submitted that petitioner has filed a Miscellaneous Case at Giridih under Section 125 of the Cr.P.C. in which maintenance of Rs. 1,500/ - awarded in her favour from the date of application (6.5.2008), but in spite of said order, up till now respondent/opp. party has not paid a single penny. Accordingly, it is submitted that petitioner is not in a position to pursue case of Bokaro, hence it is prayed that matrimonial Title Suit No. 242 of 2009 be transferred in the Court of Principal Judge, Family Court, Giridih.

(2.) ON the other hand, Sri Atanu Banerjee, learned counsel appearing for the respondent/opp. party submits that in pursuance of the order dated 8.9.2010 in Miscellaneous Case No. 335 of 2008, respondent/opp. party had sent a draft of Rs. 9,0001 - to the petitioner. but the same has been returned. He further submits that respondent/opp. party is also ready to pay rest of the amount of maintenance i.e. for the month of March, April, May and June 2011 to the petitioner. He further submits that so far arrear of maintenance amount i.e. from 6.5.2008 to 7.9.2010 is concerned, it is submitted that against the same, respondent/opp. party has filed a revision in this court vide Cr. Revision No. 1094 of 2010 which is still pending. However, he submits that no stay has been granted by this court, as the said Cr. Revision has not been taken up for hearing. He further submits that respondent/opp. party is ready to pay Rs. 1,000/ - to the petitioner on each date fixed in the matrimonial suit provided she physically appear before Principal Judge, Family Court, Bokaro.

(3.) HOWEVER aforesaid order passed subject to following conditions: -