IN THE HIGH COURT OF JUDICATURE AT PATNA --- MA No.290 of 2009 --- Laxmi Kant Choudhary s/o late Anup Choudhary, r/o village and P.O. Asinchak, P.S. Dalsinghsarai, District – Sitamarhi, at present r/o village – Mathurapur, P.S. Dalsinghsarai, P.O. – Asinchak, Samastipur ………. Appellant Versus Babi Kumari@Mona Chaudhary(minor) d/o late Arjun Choudhary, r/o village and P.O. Asinchak, P.S. Dalsinghsarai District - Samastipur, through next friend: Madan Mohan Choudhary “Pathik”, s/o Anant Shankar Choudhary, village – Mathurapur, p.O. Asinchak, P.S. – Dalsinghsarai, District – Sitamarhi ……… Respondent ----------- For the appellant: Mr. Nishant Choudhary, Advocate For the respondent: Mr. Partha Sarthy, Advocate 9 19/1/2010 The present miscellaneous appeal, if we permit ourselves to say so, is basically much ado about nothing inasmuch as a paternal grand-father has preferred this appeal assailing the order passed by the learned Principal Judge, Family Court, Samastipur in Maintenance Case no.1 of 2005, whereby maintenance of Rs.1500/- was granted to the respondent grand- daughter. We have used the phraseology much ado about nothing inasmuch as Mr. Nishant Choudhary, learned counsel for the appellant submits that what he made an offer which the respondent, if prudent, would 2 not decline. On a query being made what the offer is, learned counsel for the appellant submitted that the appellant is prepared to take back the grand-daughter. At this juncture, Mr. Partha Sarthy, learned counsel appearing for the maternal grand-father submitted that the girl is 12 years old and has been staying with him for so many years and, therefore, any attempt to disturb her from present place of stay and home will create turmoil not only in her emotion but also personal removal from home and hearth. We are inclined to appreciate the submission of Mr. Partha Sarthy as we find substantial force in it. In view of aforesaid, the residuary question which remains to be adjudicated is whether the quantum fixed by the learned Principal Judge, Family Court, Samastipur is so perverse to be interfered with in this appeal. However, regard being had to the anguish and agony expressed with regard to the financial impecuniosity of the appellant by Mr. Choudhary, we enquired from Mr. Partha Sarthy whether has he any objection if amount is reduced to Rs.1000/-. He, we 3 must appreciably state, fairly accepted the said suggestion. In view of aforesaid, the order passed by the learned Family Judge stands modified and quantum of maintenance of Rs.1500/- is reduced to Rs.1000/- and rest of the directions given in the order stand undisturbed. The arrears which have not been paid shall be paid by the respondent within a period of two months from the date of receipt of the order passed today. Till the expiration of the said period, no coercive steps shall be taken against the appellant. The appeal is accordingly disposed of with the above terms. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)