IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1949 of 2008 DEVENDRA GIRI @ DEVENDRA GOSWAMI Versus BABITA DEVI ----------- 2 4/12/2008 Heard counsel for the petitioner. This Court would not find any merit in this application for the simple reason that the court below has analyzed this aspect that the defence of the petitioner as with regard to the wife living separately on her own accord and in view of mutual settlement is a doubtful proposition. That apart, when the petitioner has already filed a divorce case, chance of amicable settlement for the present is ruled out. In view of the fact that the petitioner claims that he is a daily wage earner the amount of Rs. 1500/- per month for maintenance to the wife and Rs.500/- for the minor child is also not excessive muchless illegal. It would, however, be in the interest of the parties that the proceedings under section 125 of the Code of Criminal Procedure in which petitioner has been directed to pay interim 2 maintenance, is itself disposed of expeditiously. Accordingly, this Court would direct the court below to dispose of the proceedings within a period of nine months from the date of receipt/production of a copy of this order. With the aforementioned observation this application is dismissed. (Mihir Kumar Jha, J.) Abhay Kumar