IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2099 of 2006 SANGEETA SHARMA Versus BIJAY KUMAR SHARMA With C.R. No.1497 of 2007 SANGITA SHARMA Versus VIJAY KUMAR SHARMA ----------- 2 13.8.2008 Heard Counsel for the petitioner. In this application, the petitioner has assailed the order of the Court below dated 18.9.2006 whereby and whereunder the Court below has directed the petitioner to get herself admitted in Jawahar Lal Nehru Medical College, Bhagalpur for medical observation as opined by the Medical Board vide letter of the Superintendent of the said medical college in his letter no. 1593 dated 4.5.2006. In view of the fact that the petitioner had already appeared by complying the order of the Court for medical opinion, this Court would not stop the process in the midway but as Jawahar Lal Nehru Medical College, Bhagalpur is not a specialized center for mental patient, this Court would direct the petitioner to be placed under observation of National Institute of Mental and Health Sciences (NIMHANS), Banglore where the petitioner will be admitted and would be put under medical observation and a report will be submitted by the experts of NIMHANS, Banglore directly to the Court below. Since this prayer of medical report regarding the 2 mental condition of the petitioner is to be sought at the instance of husband, the opposite party who is claiming that the petitioner is an insane person (mentally retarded), the husband has to bear the entire expenditure for the journey, stay, medical test in the NIMHANS etc. and to ensure that the husband the opposite party will deposit the amount of Rs. 30,000/- in the Court below which will be given by way of advance to the petitioner and will be subject to accounts to be given by her. The petitioner being a lady will be entitled to be accompanied with her guardian whose cost of journey and stay will also be borne and paid by the husband of the petitioner. In the event, the husband, opposite party does not deposit the amount of Rs. 30,000/-, he will not be entitled to insist for a report of mental condition of the petitioner. In the event any further expenditure beyond Rs. 30,000/- is found payable under the order of the Court on accounts being furnished by the petitioner, the same will be definitely payable by the husband to the petitioner In the event, the husband, opposite party deposits the amount of Rs. 30,000/- within a period of one month, the petitioner will be under obligation to go to NIMHANS, Banglore for getting checked up by getting herself admitted and remaining under the observations of the experts of NIMHANS, Banglore for a period of ten days within a period of three months from the date she is given such an advance of Rs. 30,000/-. 3 Thus the first civil revision application C.R. No. 2099 of 2006 is disposed of with the aforementioned observations / directions. C.R. No. 1497 of 2007 As far as the grievance of the petitioner in 2nd civil revision application being C.R. No. 1497 of 2007 is concerned, this Court would not find any justification in the impugned order dated 16.4.2007 inasmuch as even if the petitioner may be said to be suffering from any mental illness, that will not preclude or absolve the husband from paying maintenance specially when it has come on record that the petitioner has two issues out of the marriage with the opposite party, husband. In that view of the matter, this Court would set aside the order dated 16.4.2007 refusing to consider the grant of maintenance and would direct the Court below to take up the issue of grant of maintenance immediately and pass a final order within a period of one month from the receipt/production of a copy of this order. With the aforesaid observation/direction this civil revision application is allowed. Rsh (Mihir Kumar Jha, J.)