IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1398 of 2006 NIRMALA DEVI Versus SARYUG RAZAK ----------- 4 10.11.2008 Heard counsel for the petitioner and counsel for the opposite party. Though both the sides initially had sought to justify their stand but ultimately good sense has prevailed on them to settle their differences. It would appear that the wife petitioner was married to the husband-opposite party in the year 1972 and is still striving for maintenance by the husband-opposite party. It is in this background that now both sides have agreed to get this application disposed of with the following consented terms and conditions:- (a) The husband-opposite party, a teacher in Railway Middle School posted at Jhajha undertakes that he will deposit in the trial Court the entire admissible and payable amount under order dated 18.5.1991 after deducting any amount which has already been paid in Court in terms of aforesaid order. In other words, a sum of Rs. 300/- per month as directed by the Court in the order dated 18.5.1991 from the date of filing of the case under Section 125 till date i.e. December, 2008 shall be calculated and thereafter the husband-opposite party will deposit the amount after deducting amount that has been paid in Court 2 to the petitioner, within two months from the date of receipt/production of a copy of this order. (b) On Ist of December, 2008 the husband-opposite party will go to the house of the petitioner and will request her for accompanying to his place of posting and the wife will thereafter go and stay with the husband from January, 2009 onwards. Counsel for the petitioner assures that when the husband-opposite party-husband would go to the house petitioner for taking her along with him, he will not be only treated with dignity but would be extended full co-operation by the petitioner and her family members. . (c) For the period January, 2009 onwards the operation of the order dated 18.5.1991 shall remain stayed till the date the wife-opposite party is maintained by her husband-opposite party in a dignified manner. (d) In the event, the husband-opposite party would again create some situation which may compel the petitioner to part with the accompany of her husband(opposite party), not only the petitioner will be entitled to seek police protection but she will be also entitled to get her entire arrears from the month of January 2009 as if the order of the Court below had never been stayed by this court. However, it 3 would not mean that the petitioner will be allowed to create artificial circumstances for torturing the husband-opposite party but then it will always be open for her to apprise the court below facts with regard to any victimization caused to her either by the husband-opposite party or his family members and the court of Principal Judge, Family Court, Bhagalpur in such event will pass appropriate orders. The Court below infact would also be at liberty to pass any fresh order for enhancement of the amount as per the existing salary being received by the husband-opposite party. This Court, expects that both the petitioner and the opposite party will not create any untoward situation for each other and would live together peacefully keeping in view that they were married some 36 years back and their reunion for the rest of their life is not only in their own interest but also for their families. . With the aforementioned observations and directions this Civil Revision application is allowed. Bibhash (Mihir Kumar Jha, J.)