IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.1 of 2009 Prem Kumar s/o Baldeo Sah, r/o village – Darapatti, P.O. – Marwan, P.S. Karja, District Muzaffarpur .. Appellant Vs. Sunita Kumari w/o Prem Kumar, d/o Vishwanath Sah @ Virendra Nath Sahu, presently residing at Gyaspur, P.O. Gyaspur, P.S. Paru, District – Muzaffarpur …. Respondent With MA No. 126 of 2009 Sunita Kumari w/o Prem Kumar, d/o Vishwanath Sah @ Virendra Nath Sahu, presently residing at Gyaspur, P.O. Gyaspur, P.S. Paru, District – Muzaffarpur … Appellant Vs. Prem Kumar s/o Baldeo Sah, r/o village – Darapatti, P.O. – Marwan, P.S. Karja, District Muzaffarpur .. Respondent ----------- For the Appellant: Mr. Yugal Kishore, Advocate (in MA. No.1/09) Mr. Dhananjay Kumar, Advocate (in MA No.126/09) For the respondent: Mr. Dhananjay Kumar, Advocate (in MA No.1/09) Mr.Yugal Kishore, Advocate (in MA No.126/09) --- 4 11/1/2010 Though these appeals were listed for orders yet on consent of learned counsel for the parties, they have been finally heard. MA No.126 of 2009 has been preferred by the wife Sunita Kumari assailing the order of the learned Principal Judge, Family Court, Muzaffarpur, whereby he has granted alimony by fixing it at Rs.2000/- per month to be paid by her husband Prem Kumar. MA. 2 No.1 of 2009 is at the instance of the husband who has felt dissatisfied in regard to grant of divorce and determination of quantum of maintenance fixed by the court below. Mr. Dhananjay Kumar, learned counsel for the appellant wife has submitted that the court below has fallen into grave error by entertaining the application under section 13 of the Hindu Marriage Act though there was no substantial justification for entertaining the same. On the contrary, it is urged by Mr Yugal Kishore, learned counsel for the respondent husband, that the order passed by the court below cannot be faulted with as far as divorce part is concerned. On a perusal of the judgment passed by the learned Principal Judge, Family Court, it is evident that both the husband and the wife have made vociferous allegations against each other to the effect that each was involved in adultery. The same has been taken note of by the court below. When such kind of allegations have been made, we are disposed to think that it is an 3 acceptable ground to grant divorce. Hence, the order granting divorce cannot be faulted with. Presently, we proceed to deal with the grant of maintenance by the husband to the wife. The learned Family Judge in the penultimate paragraph of the order has dealt with the facts and ultimately directed Rs.2000/- would be the adequate for maintenance to the wife. Mr. Dhananjay Kumar, learned counsel for the appellant wife has submitted that Rs. 2000/- is a meager sum. Learned counsel for the respondent husband has contended that they belong to the lower strata of the society and, regard being had to the facts that they come from the village, the amount granted by the court below cannot be treated as exorbitant but on the contrary is on a lighter side. Regard being had to the totality of the facts and circumstances of the case, we are of the considered opinion that the grant of maintenance of Rs.2000/- per month to the wife in the obtaining factual matrix is justified and does not warrant any interference. 4 At this juncture, Mr. Dhananjay Kumar, learned counsel for the wife submitted that the husband has remarried and may not send the amount within the time and it is difficult on the part of the wife to collect the same. Regard being had to the fact that maintenance has been granted for sustenance of the wife, it is directed that the wife shall open a Bank Account in any nationalized Bank and intimate to the husband as well as the counsel for the husband within a period of two weeks from today and the husband shall send a banker’s cheque or draft in the name of the wife by 7th of each succeeding month. In the result, MA No.126 of 2009 stands dismissed and MA No.1 of 2009 is also dismissed with the aforesaid modification. There shall be no order as to costs. Neyaz/ (Dipak Misra, CJ.) (Shiva Kirti Singh, J.)