IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.87 of 2009 SMT.SWETA @ KINNI Versus ANIL KUMAR ----------- For the appellant : Mr.Sharad Kumar Sinha, Advocate For the respondent: None 9 09/04/2009 The husband of the appellant filed a petition being Matrimonial Case no.205 of 1996 before the Family Court, Patna for divorce. The petition for divorce was allowed by the Family Court and the husband was directed to pay lump sum of Rs. 6,00,000/- to his wife – appellant hererin and daughter towards their future maintenance and permanent alimony. The appellant has filed the present appeal because there were some findings of the Family Court against her but due to passage of time she is not questioning the divorce granted in the case. Now her only grievance is that since she is very poor and her daughter is studying in Standard – X, she urgently requires money to take care of her education. Despite service of notice respondent no.4 is not appearing. Since the appellant is not questioning the - 2 - grant of divorce and the findings made against her and she desires for payment of the permanent alimony granted to her, it is for the appellant to approach the Family Court for execution of the order with regard to the payment of permanent alimony granted to her. In the aforesaid circumstances, we dispose of the appeal with a direction to the appellant – wife to file an execution petition before the Family Court, Patna for execution of its order dated 29.4.2006 with regard to payment of permanent alimony etc., and upon such a petition being filed the Family Court shall dispose of the matter as early as possible in any event within three months from the date of filing of the petition before the Family Court. The appellant is also free to file a petition for higher maintenance because her daughter is now studying in Standard – X, and in case such a petition is filed, the same shall also be considered and disposed of in accordance with law. With the aforesaid observation, this appeal stands disposed of. It is made clear that pendency of the appeal before this court shall not be counted in the period - 3 - of limitation, if any. Neyaz/- ( J. B. Koshy, CJ.) (Dr. Ravi Ranjan, J.)