IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1487 of 2008 RAJENDRA SINGH Versus GEETA KUMARI @ GITA DEVI ----------- 4 25/9/2008 Heard counsel for the petitioner on the application for condonation of delay (I.A. No. 5473/2008). For the reasons mentioned therein, the delay in filing this application is condoned. Coming to the merits of the case, it appears the impugned order dated 21.2.2008 has taken note of, that the wife, opposite party in this case had assailed the alleged compromise and had filed an application on 4.9.2004, stating therein, that the compromise was neither voluntarily nor was really sought to be acted upon. This application was ultimately considered by the court below and after hearing both the parties, has been disposed of by the impugned order by holding that there was no compromise with consent of the petitioner and as such the alleged compromise was also not fit to be acted upon. This Court would thus not find any reason to interfere with such order. The compromise has to be always 2 voluntary and with consent of both the parties. Counsel for the petitioner however, contends that the wife, opposite party is seeking to resile from her earlier stand as with regard to entering into compromise on her freewill and accord. This Court cannot go into this sort of enquiry with regard to intention of the parties. Reason is very simple, the order for payment of maintenance was passed under section 125 of the Code of Criminal Procedure on 3.6.1996 directing the husband, petitioner to pay a sum of Rs. 400/- per month. Such order till date has not been varied and/or modified even on the alleged ground of compromise. That being so, when that order between the parties has become final the same has to be acted upon unless modified even on the ground of compromise. The petitioner is thus duty bound to comply the order of the Court below by paying the amount of Rs. 400/- per month as maintenance and cannot be permitted to take shelter of the alleged compromise. There being no error in the impugned order, this Civil Revision Application must 3 fail and is accordingly dismissed. ( Mihir Kumar Jha, J.) Abhay Kumar