IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1829 of 2008 PANKAJ KUMAR JHA @ PANKAJ JHA Versus RANI DEVI @ MENKA DEVI ----------- 3 19.2.2009 Heard Mr. Rajni Kant Jha, counsel for the petitioner. For the reasons mentioned in the application (I.A. No. 6481 of 2008), the same is allowed and the delay in filing of this application is hereby condoned. Coming to the merits of this case, this Court would find that the order is one by which the court below during the pendency of the proceedings under Section 125 of the Code of Criminal Procedure (in short Cr.P.C.) has only passed an order for grant of ad-interim maintenance till the disposal of the main proceedings. Such order is ex-parte in nature inasmuch as it is the case and claim of the petitioner that he could not appear and contest the matter prior to the passing of the order. Counsel for the petitioner further submits that as a matter of fact, he is ready to not only maintain his wife but also to keep her with him with all dignity. This aspect of the matter can be gone into in a proper manner before the Family Court wherein the court below will be in a position to in fact proceed further for any amicable settlement as is being proposed 2 by the petitioner and may be acceptable to the wife- opposite party. It is this aspect of the matter and the order being ex-parte, against which the petitioner had even otherwise a remedy under Section 126 (2) of the Cr.P.C., which would require reconsideration by the Family Court, which must test the bonafide of the petitioner of his claim for settlement of the matrimonial dispute. Taking this aspect into consideration, the impugned order is set aside but the petitioner must pay a sum of Rs. 10,000/- in lump-sum whereafter he will be allowed to contest the maintenance case and if his offer of keeping his wife together for any reason is not acceptable, the court below will then afford the petitioner an opportunity to contest the proceedings including passing a fresh order for an ad-interim maintenance. The petitioner shall pay such amount of Rs. 10,000/- within a period of fifteen days from the date of receipt/production of a copy of this order whereupon the distress warrant issued against him shall be recalled. The court below thereafter will also ensure that the entire settlement proceeding and/or proceedings for passing an order of ad-interim maintenance again is taken up and adjudicated within next three months. 3 With the aforesaid observation/direction this application is allowed only to the extent indicated above. Rsh (Mihir Kumar Jha, J.)