IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3393 of 2010 5 18.7.2011 Indrajit Kumar @ Indrajeet Kumar, Son of Late Raj Narain Kuar, Resident of Village Dighi Kala, Town- Hajipur, P.S. Hajipur, Distirct Vaishali ….. Appellant/ Petitioner VERSUS 1. Manju Singh Wife of Indrajit Kumar, daughter of Yogendra Prasad, Resident of village- Aripur, P.O. Rajla Chatti, District Muzaffarpur, at present resident of Mohalla- Town Dhobri, P.O. & P.S. Sursand, District Sitamarhi 2. Pinku Kumar, Son of Late Sachchidanand Singh, Resident of village- Sursuand, P.O. & P.S. Sursand, District Sitamarhi ….. Respondents/ Respondents ------- Learned counsel for the petitioner/ appellant submits that respondent wife has not appeared in spite of notice and therefore, this modification application seeking modification in part of the judgment and order dated 11.1.2010 passed in Miscellaneous Appeal No.381 of 2009 be disposed of in view of undertaking on behalf of the appellant that he shall continue to pay the total amount of Rs.two lakhs, the second installment and of Rs.1.5 lakhs, the third installment in equal monthly installment of Rs.10,000/- per month till the entire 3.5 lakhs of second and third installments is paid by him to the respondent wife. It has further been undertaken by - 2 - the appellant/ petitioner that as indicated in the order of this Court dated 13.9.2010 the interim maintenance at the rate of Rs.3000/- per month shall also be paid to the respondent wife every month along with Rs.10000/- till the entire Rs.3.5 lakhs constituting second and third installments is paid to her. On behalf of the appellant/ petitioner it has been submitted that after 31.8.2010 the appellant has begun to pay Rs.10000/- plus Rs.3000/- in accordance with the aforesaid undertaking and the same is being received by the respondent. In proof of such submission, pay orders of Vaishali Zhetriaya Gramin Bank in favour of the respondent wife for various months at the rate of Rs.13000/- have been brought for our perusal. It goes without saying that payments to the respondent wife on account of aforesaid undertaking must be through account payee cheque or pay orders so that there is no dispute in future regarding payment of the second and third installments along with interim maintenance as per undertaking recorded above. It is made clear that the first installment of Rs.3 lakhs has already been paid by - 3 - the appellant. This modification application is disposed of as we have modified the order dated 11.1.2010 to the extent indicated above. sk (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)