IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.17 of 2009 MANOJ KUMAR DUTT MISHRA @ MANOJ DUTT MISHRA Versus SMT. KARUNA DUTT MISHRA ----------- 2. 16.1.2009 Heard counsel for the petitioner and the counsel for the opposite party. This Court would find that in the order dated 21.8.2008 in C.R.No. 522/2007 a time limit for passing the final order in the maintenance case by the court below was given on the basis of an understanding given to this Court that the evidence of both the parties had already been completed. Counsel for the petitioner in fact would point out that he was still in the process of completing his evidence. The counsel has also invited attention of this Court towards the entire proceeding which would go to show that the order dated 21.8.2008 was received in the court below on 20.9.2008 and thereafter the wife opposite party remained absent on 15.10.2008 and 12.11.2008 and therefore, at least two months time was lost on account of absence of the wife opposite party. Counsel for the petitioner, therefore, seems to be correct that he could 2 not get sufficient opportunity to lead his evidence. Counsel for the wife opposite party, however, would submit that this proceeding of the year 2004 is still being kept pending and not a single paise is being paid by way of interim maintenance. This Court, however, in view of expectation that this case is to be disposed of finally would not direct for payment of any interim maintenance but then as the proceeding has remained pending even at the instance of the husband petitioner and he still went to adduce evidence of five more witnesses, this Court while allowing such prayer of the petitioner would direct him to pay a sum of Rs. 3000/- within a period of one month from the date of receipt/ production of a copy of this order. In the event such amount is paid to the wife opposite party, the petitioner will be allowed to adduce evidence of three persons which must be also completed in a period of three weeks. If need be, the wife opposite party may be allowed to lead evidence in rebuttal. The arguments 3 thereafter must be completed by both the sides within a period of one month and the order must be passed within a period of four months from the date of receipt/ production of a copy of this order. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/