IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.897 of 2009 Lalan Prasad, son of Late Guju Ram resident of Mohalla New Punai Chak, Boaring Cancal Road, P.S. S.K.Puri, Patna …Petitioner Versus 1. Rani Devi daughter of Sobarti Ram resident of Mohalla Kankarbagh, Colony Q.No.21, L.I.G. P.S. Kankarbagh, Patna 2. The State of Bihar …Opposite parties For the petitioner :Mr.Sushil Kr. Jha For the State :Mr.Indu Bala Pandey, APP ----------- 03. 29.06.2011 Petitioner is aggrieved by order dated 06.04.2009, passed by learned Addl. Principal Judge, Family Court, Patna in Maintenance Case No.24(M) of 1999. Mr. Jha appearing on behalf of the petitioner made diverse submissions in support of the application. It has particularly been emphasized that the application was lodged by o.p.no.1 on 30.07.1999 and the impugned order was passed on 06.04.2009 and the petitioner was directed to pay maintenance amount in the sum of Rs.3000/- with effect from the date of filing of the application/case without assigning any reason therefor. It is highlighted that normally maintenance is granted with effect from the date of the order. Learned counsel for opposite party no.1 submits that the delay occurred in final disposal of the case due to non-co- operation of the petitioner. At the instance of the court, the parties, however, agreed that if 60% of the amount falling due/in arrear between the date of filing of the application to the date of the order 2 (06.04.2009) is/are paid to o.p.no.1 within a particular time frame, then the same would satisfy the legal dues payable to o.p. no.1 for the period in question. Having heard the parties and on perusal of materials on record, this Court disposes of this application by the following order: The petitioner shall deposit in the court below and/or pay to o.p.no.1 60% of the amount falling due/in arrear after adjusting any amount already paid towards arrear within five months from the date of this order and shall file an affidavit in the proceeding then the same would satisfy the entire dues payable by the petitioner to o.p.no.1 by way of arrears in terms of order passed by learned court below. In case, the petitioner defaults in depositing /paying the said amount, the terms of the impugned order shall revive and the petitioner shall be liable to pay the entire amount falling in arrear as per the impugned order. hr ( Kishore K. Mandal )