IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2617 of 2010 1. PARITOSH PRAKASH S/O LATE SHYAM SUNDER PRASAD R/O MOHALLA- F-195, PEOPLES COOPERATIVE COLONY, KANKARBAGH, P.S. KANKARBAGH, PATNA-800020 DISTRICT PATAN, PRESENTLY RESIDING AT HOUSE NO.3, BLOCK 42, SECTOR I, PUSHP VIHAR, SAKET, NEW DELHI-110017 Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF LAW, STATE OF BIHAR 2. SMT. SUMAN RANI W/O PARITOSH PRAKASH AND D/O SRI SHEO NARAYAN PRASAD R/O HOUSE OF RAM NIWASH SHARMA, NUTAN NAGAR, NEW AREA, GAYA, PRESENTLY RESIDING AT F- 195, PEOPLES COOPERATIVE COLONY, KANKARBAGH, P.S.- KANKARBAGH, PATNA-800020, DISTT.- PATNA ----------- 02. 03.05.2011 Heard learned counsel for the petitioner and for the opposite party no.-2. The petitioner husband is aggrieved by the order dated 4.8.2009 of the Principal Judge, Family Court, Patna in Matrimonial Case No. 491 of 2007 preferred by respondent no.-2. The petitioner had earlier filed a Suit for restitution of conjugal life at Delhi, which came to be withdrawn. Be that as it may, the present case has been filed by respondent no.-2 for declaring the marriage as void on the grounds mentioned in the plaint. The impugned order awards maintenance under Section 24 of the Hindu Marriage Act to the petitioner at a sum of Rs.3200/- per month and litigation costs of Rs.5,000/- lump sum. Learned counsel for the parties have very fairly 2 submitted that re-approachment does not appear possible at all. The petitioner submits that he has no objection to a decree for divorce on grounds of a void marriage and that he shall not oppose the same in the trial court. It is next submitted that he has made certain payments under the impugned order and shall continue to do so but only seeks a direction for expeditious disposal of the Matrimonial Case with a further prayer that payments made in accordance with the impugned order dated 4.8.2009 be taken into consideration at the time of final computation of the relief at the disposal of the case. Learned counsel for respondent no.-2 submits that what has been paid under the impugned order is a pittance. On merits the submission made before this Court on behalf of the petitioner is not opposed by respondent no.-2 with regard to the stand to be taken by the parties before the trial court. Let the Principal Judge, Family Court, Patna endeavour to dispose off the Matrimonial Case No. 491 of 2007, at the earliest, preferably within a maximum period of 3-4 months from the date of receipt/production of a copy of this order, noticing the common stand taken by the parties before this Court. Needless to state that all payments made by the petitioner under the order dated 4.8.2009 shall have to 3 be taken into consideration at the time of final disposal of the Suit for purposes of computation. That shall however not vest a right in the petitioner for non-compliance of the order dated 4.8.2009 with which the Court otherwise finds no reason to interfere. The application is disposed in the aforesaid terms. P.K ( Navin Sinha, J.)