IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.168 of 2008 KUMARI NINA @ KUMARI NEENA Versus THE STATE OF BIHAR & ANR ----------- For the appellant : Mr.Vivek Prasad, Advocate For the respondent No.2 : Mr.Mahesh Narayan Parbat, Advocate -------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 21st August, 2008 This Letters Patent Appeal arises out of a proceeding of interim maintenance. In the petition for dissolution of marriage and divorce filed by the present appellant (wife), an application for interim maintenance under Section 24 of the Hindu Marriage Act, 1955 came to be filed by her. After hearing the parties, the Principal Judge, Family Court, Patna granted maintenance pendente lite at the rate of Rs.1500/- per month with effect from 16th June, 2004 and also awarded Rs. 2500/- as expensae litis. 2. The order of interim maintenance came to be challenged by the respondent no.2(husband) by filing a writ petition before this court. The Single Judge has set aside the order of interim maintenance vide his order dated 13th December, 2007 and directed both the parties to make an application for divorce by mutual consent in the pending - 2 - matrimonial petition. The Single Judge further directed that while granting a decree of divorce by mutual consent, the Family Court shall consider the aspect relating to permanent alimony. 3. It is, this order that is under challenge at the instance of the wife before us. 4. During the course of motion hearing, the counsel for the husband informed us that the application for divorce by mutual consent has not been filed so far, as the wife has not been cooperating in this regard. He, however, submits that in so far as husband is concerned, he is not averse to the decree of divorce being granted by the trial court in the petition filed by the wife and the marriage between them being dissolved. 5. In the light of the concession made by the counsel on behalf of the respondent no.2 (husband), in our view, there is no impediment in granting the decree of divorce and dissolution of marriage as sought for by the wife. 6. We are satisfied that the following order shall meet the ends of justice. (i) The respondent no.2 (husband) shall pay a sum of Rs.25,000/- (Rupee Twenty five thousand) to the wife or deposit the said amount with the Family Court, Patna within four weeks from today by way of a provisional arrangement concerning maintenance. This amount is in addition to a sum of Rs.10,000/- that has already - 3 - been deposited by the husband pursuant to the order of this Court dated Ist July, 2008. (ii) The Registrar General shall release the amount of Rs.10,000/- in favour of the appellant (wife) deposited by the respondent (husband) pursuant to the order dated Ist July, 2008 without any delay. (iii) In case, the respondent (husband) deposits the amount of Rs.25,000/- before the Family Court, Patna, the appellant (wife) shall be at liberty to apply for withdrawal of that amount before the court below and we observe that upon such application, the court shall pass an order without delay. (iv) The amount so paid to the wife or deposited in the court shall be adjusted against the final amount of permanent alimony that may be fixed by the Principal Judge, Family Court, Patna. (v) If within fifteen days from today, the parties are not able to make an application for divorce by mutual consent in the pending matrimonial case, the trial court shall grant a decree of divorce and dissolution of marriage as early as possible and within two months from the date of receipt of copy of this order on the basis of admission of the respondent no.2 (husband) that their marriage be dissolved and a decree of divorce be granted. While doing so, the Principal Judge, Family Court shall also pass an appropriate order of permanent alimony. - 4 - 7. LPA stands disposed of accordingly. R.M. Lodha, CJ Kishore K. Mandal, J. sunil