IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.577 of 2007 VIJAY KUMAR Versus SMT.PINKI RANI ----------- 2. 25.9.2008 Heard counsel for the petitioner. In the opinion of this Court the impugned order granting ad-interim maintenance pending final decision under section 125 Cr.P.C. does not suffer from any error consequently the petitioner is directed to pay the entire arrear and current amount within a period of one month from the date of receipt/production of a copy of this order, failing which the court below will be at liberty to take appropriate coercive action against the petitioner. The court below however is further directed that the final order in the maintenance case being of the year 2005 must be passed within a period of six months from the date of receipt/ production of a copy of this order. While this order was being passed, counsel for the petitioner was quite emphatic that the petitioner is prepared to keep his wife with all dignity and in fact the wife also appeared to be willing to live 2 with the petitioner and in that view of the matter if the court below makes a sincere effort for amicable settlement of the dispute there is every possibility for resolution of the dispute eventually leading to restoration of conjugal life. This Court however would not record any finding in this regard since the petitioner had himself filed a divorce case allegedly on the ground of desertion. However, it is made clear that it is part of the duty of the family court to make an honest attempt for an amicable settlement between the parties. In that view of the matter, while disposing of this matter, this Court would direct the family court to direct both the petitioner and the opposite party to appear in person for ascertaining their views with regard to living together, which in effect may lead to withdrawal of the divorce case itself. It is, however, made clear that till such amicable settlement is reached and recorded by the court below the petitioner would continue to be under liability to pay the amount as directed in the impugned order and 3 reiterated above by this court. With the aforesaid observations and directions this Civil Revision Application is dismissed. (Mihir Kumar Jha,J.) Surendra/