IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.302 of 2009 SANGEETA GEETA, W/O SRI ASHUTOSH KUMARRANJAN, D/O SRI RAM YATAN PRASAD, R/O SECTOR-K, LOHIANAGAR, KANKARBAGH, PATNA. ……RESPONDENT/PETITIONER. Versus ASHUTOSH KUMAR RANJAN, S/O SRI RAM PARVESH PRASAD, RESIDENT AT HAZIPUR, DISTRICT- VAISHALI AND AT PRESENT RESIDING AT 111/15 MAHADA, TEKSHILLA, ANDHERI (EAST) MUMBAI- 400093 (MAHARASHTRA) POSTED AS EMPLOYEE NO. 20011959, RELIANCE COMM. INTRA LTD. E-7 MJDC, AREA, ANDHERI (EAST) MUMBAI-400093. ……PETITIONER/O.P. ----------- 4 24.03.2009 The defendant wife has filed this revision application against the order dated 7.1.2009 passed by the Family Court, Patna in Matrimonial Case No. 369 of 2004 by which learned court below has rejected the petition of the petitioner for taking coercive steps against the husband for not committing the installments of arrears of maintenance as per time scheduled fixed by this Court by order dated 11.7.2008 passed in C.R. No. 1786 of 2006 and other analogous cases. Learned counsel for the petitioner contends that inspite of rejection of the SLP of the applicant-husband by the Hon’ble Supreme Court, the applicant-husband has not adhered to the scheduled of deposit of arrears of - 2 - maintenance in installments and therefore, as per directions of this Court the court below ought to have taken coercive steps against him. Learned counsel for the opposite party appears and has submitted that soon after dismissal of the SLP by the Hon’ble Supreme Court the first installment of Rs.1,20,000/- was deposited in the Court below. Thereafter again second installment has also been deposited in the court below on 16.1.2009. It has been submitted by learned counsel for the opposite party that the applicant-husband has also deposited 3rd installment of arrears of maintenance in the court below recently. From the impugned order of learned court below, it appears that the petitioner wife is also not co-operating in expediting the matter and disposal of the suit within time framed fixed by this Court. It is submitted by learned counsel for the opposite party that in terms of the orders of this Court the witnesses are being produced by the applicant-husband in the Court, but they are not being cross-examined by learned counsel for the petitioner-wife. - 3 - Be that as it may, this Court has been informed that out of arrears of maintenance to the tune of Rs.4, 29, 000/-, three installments totalling Rs.3,60,000/- has already been deposited in the court below, out of which, one was encashed by the petitioner wife and she is at liberty to receive and encash the rest amount. Learned counsel for the opposite party submits that rest of the amount of arrears of maintenance shall be deposited in the court below positively within one month from today. Thus, no case for taking coercive steps against the applicant-husband is made out. However, the court below is directed to proceed with the matter expeditiously and make all endeavours to dispose of the appeal within the time fixed by this Court by its earlier order. In case any party does not cooperate, the same shall not be a ground for delaying the proceeding in the suit. The revision application is accordingly disposed of with above directions. Arvind/ ( J. N. Singh, J.)