IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.491 of 2008 7 16.11.2009 Lakshmy Rani Kapoor D/o Brahmadeo Prasad, resident of Sadar Gali Patna City, PS Khajekala, Distt. Patna ...... Petitioner VERSUS 1. The State of Bihar 2. Mr Phool Singh, Secretary, Mines and Geology, New Secretariat, Vikash Bhawan, Patna 3. Manoj Ambastha son of Awadesh Kumar Sinha, resident of Manorama Karkil Kung Flat No.206, Boring Canal Road-8, posted as Distt. Mining Officer, New Secretariat, Patna .... Opp. Parties ------ For the petitioner :Smt. Lakshmy Rani Kapoor, In- person For OP No.1 : Mr Ashutosh Singh, AC to GP 8 For OP No.2 : Mr VMK Sinha, Spl. PP (Mines) For OP No.3 : Mr Upendra Kumar Singh, Advocate ------ Heard the parties. From the submission of the parties, we find that an interim arrangement regarding payment of Rs.10,000/- per month as maintenance is continuing under the orders of this Court dated 4th August, 2008 passed in MA No.179 of 2006 with MA No.370 of 2005. There has been apparent default on the part of Sri Manoj Ambastha, in not paying said amount of Rs.10,000/- per month for the last three months i.e. July, August and October, 2009. It appears that these drafts were sent by post but could not be 2 delivered on account of Smt. Lakshmy Rani Kapoor not being available at the address. However, payment for the month of September, 2009 has already been accepted. Three drafts for Rs.10,000/- each are available with learned counsel for the respondent no.3 in this case i.e. Manoj Ambastha. He has handed over all the three drafts to Smt. Lakshmy Rani Kappor, in Court. So far as petitioner’s claim for arrears @ Rs.6000/- per month for the period 1.10.2000 to March, 2007 is concerned, the interim order dated 4th August, 2008 does not contain any provisions but the award by the Family Court is clear that such an amount is payable. We have been informed by the petitioner that her application for execution of the decree/ award of the Family Court for realization of the aforesaid arrears is not being entertained by the Principal Judge, Family Court, Patna on the plea of pendency of two Miscellaneous Appeals, indicated above, in this Court. We are satisfied from the submissions advanced by the parties that this Court has not passed any order of stay so far as realization of aforesaid arrears is concerned. Hence, it is clarified that 3 if so advised, petitioner may approach the concerned Family Court with a copy of this order and in that event, her application for execution for realization of the arrears in accordance with law, shall be entertained by the Family Court expeditiously. The petitioner has expressed practical difficulties in her way in pursuing the matter before the Family Court on the plea that she has to personally appear in the Court and matter takes long time. She has prayed that both the Miscellaneous Appeal, which are running on the list of another Division Bench may be heard expeditiously in view of order of a Division Bench dated 9.4.2009 passed in the aforesaid two Appeals containing a direction that both the Appeals be listed together for hearing after two weeks. In the facts of the case and considering that it relates to matrimonial matter where the petitioner has been pursuing her claim for dues of maintenance and permanent alimony since long, we are of the view that both the Appeals should also be heard as early as possible. On production of a copy of this order, it is expected that the 4 Bench before which the Appeals are pending for hearing shall consider to take up the hearing of the Appeals on priority as first case subject to part-heard, if any. This contempt application is finally disposed of. (Shiva Kirti Singh,ACJ) (Shyam Kishore Sharma,J.) sk