IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2348 of 2005 SHANKER KUMAR ROUT Versus RITA DEVI & ORS ----------- 5 26.9.2008 Heard Counsel for the husband petitioner. No one appears on behalf of the opposite parties. Counsel for the petitioner would submit that on account of subsequent events, the importance of this case has been partly reduced inasmuch as the petitioner’s suit for restitution of conjugal right has been decreed and in terms whereof, when the petitioner wanted to execute his decree, the Executing Court noting the behavior of the wife opposite party no. 1 has already recorded that she was not ready to live with the petitioner. He would accordingly submit that the contention of the petitioner as originally put forward by way of his defence in the proceeding under Section 125 of the Cr.P.C. has been proved in course of time and as such this Court should set aside the impugned final order under Section 125 Cr.P.C. as the wife is wholly unwilling to live with the petitioner. This Court cannot lose sight of the fact that not only the petitioner’s relation with the wife were strained but on account of certain unforeseen circumstances, they for some time had stayed separately and it is 2 during this period that the impugned order had been passed. Accordingly, this Court would not interfere with the impugned order merely on the ground of an order of restitution of conjugal right. Infact such subsequent event would make this application itself infructuous. At this stage, Counsel for the petitioner would inform this Court that an application in terms of Section 127 Cr.P.C. has already been filed by the petitioner for modification of the impugned order on the ground of the decree of restitution of conjugal right and refusal of the wife to live with the petitioner in the execution proceeding. If that be so, this Court would direct the Court below in Seisin of the Sec. 127 Cr.P.C. proceedings to dispose it of expeditiously but in no event later than a period of six months from the date of receipt/production of a copy of this order. It would be also clear that the impugned order was passed by way of interim maintenance subject to its being made final in the Section 125 Cr.P.C. proceedings. As noted above Section 125 Cr.P.C. proceeding seems to be now also become academic because an application under Section 127 Cr.P.C. on account of subsequent developments emanating from the decree of restitution of conjugal right is pending before the same court. Accordingly, this Court would also direct the Court 3 below to decide the pending Section 125 Cr.P.C. proceeding and pass a final order therein within a period of six months from the date of receipt/production of a copy of this order. Till the final order under Section 125 Cr.P.C. or a modification of the interim maintenance under Section 127 Cr.P.C. is decided, the petitioner must keep on paying the amount as awarded by the impugned order i.e. Rs. 3,500/- for the period, the three children were living with the wife, opposite party. The Court below will ascertain as to from which date the daughter of the petitioner started living with him as has been recorded in the interim order of this Court dated 23.3.2007. From such date which would become available to the Court, the liability of the petitioner would be reduced by a sum of Rs. 500/- per month payable for maintenance of his daughter Rinki Kumari. From that day, the petitioner will be only liable to pay Rs. 3,000/- per month till the final order is passed under Section 125/127 of the Cr.P.C. proceedings. Any amount which has been paid either in compliance of the interim order of this Court or even earlier by the petitioner in terms of the impugned order would be adjusted and the balance amount as per the impugned order must be paid by the petitioner within a period of three months from the date of 4 receipt/production of a copy of this order. The balance amount which would be now paid in one lump sum will be deposited in the name of daughter who is staying with the wife-opposite party and will not be encashed till her marriage and will be invested in the name of the said daughter in a recurring deposit scheme of the nationalized bank/ post office and will be encashed at the time of marriage or after attaining his majority as per her wishes. The current amount however, from the month of September at the rate of Rs. 3,000/- will be paid punctually and regularly by the petitioner and could be utilized for upkeep and maintenance of the opposite parties. With the aforementioned observations and directions, this civil revision application is hereby disposed of. Rsh (Mihir Kumar Jha, J.)