IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.859 of 2007 HAIDER KHAN MD.HAIDER KHAN Versus SAMEENA KHATOON & ORS ----------- 2 27.8.2008 Heard Counsel for the parties. In the opinion of this Court, the only ground pressed by the Counsel for the petitioner to assail the impugned order that the Court below had not made any effort for reconciliation between the petitioner and his wife does not really appeal to this Court. The petitioner admittedly has entered into a second marriage during the subsistence of his first marriage with the opposite party, the wife. In that view of the matter, even if this Court would ignore the submissions made on behalf of the opposite party, the wife that as a matter of fact genuine efforts were made for reconciliation, this Court would not find any merit in the submission of the Counsel appearing on behalf of the petitioner because the refusal to live with a husband who entered into second marriage by itself is a justified ground for the first wife to do so. At this stage, Mr. Kamran, appearing on behalf of the petitioner, would submit that the petitioner is still ready to keep the opposite party, wife and his daughter with all dignity and that he is also prepared to meet 2 entire expenditure towards the education and marriage of his daughter provided she starts living with him. In the event, the petitioner is so sanguine about his aforementioned desire, he should first prove his bonafide by depositing the entire arrears of the maintenance so awarded by the Court below within a period of three months from the date of receipt/production of a copy of this order. After the petitioner deposits this amount of arrears and continues to pay the current amount as fixed by the Court below, he will be at liberty to move the Family Court which thereafter will make a fresh attempt to get the reconciliation made and in the event, the wife, opposite party becomes ready to live with the petitioner with her daughter on any specific terms and conditions, the Court below will record that and will thereafter pass an order staying the grant of maintenance till any fresh complaint is made by the wife, opposite party as with regard to neglect or torture to her and her daughter by her husband. With the aforementioned observations and directions, this civil revision application is dismissed. Rsh (Mihir Kumar Jha, J.)