IN THE HIGH COURT OF JUDICATURE AT PATNA ----------- Miscellaneous Appeal No.434 of 2010 ----------- Appeal against the Judgment and Order dated 10-3-2010 Passed by the Family Court, Patna in Matrimonial Suit No. 601 of 2007. --------- Prabhat Kumar, Son of Shri Sheo Bhushan Prasad, R/O Mohalla Chiraiatar, South Tarkeshwar Nath Path, P.S. Kankarbagh, District- Patna...................... Appellant Versus Smt. Bulbul Sinha, daughter of late Umesh Chandra Prasad, residing at V-5 Vidhyapuri near the house of Dr. Shanti Roy, P.S.Patrakarnagar, Distt- Patna......................................................... Respondent --------- 8 9-11-2011 Heard learned counsel for the appellant and learned counsel for respondent-wife. By the impugned order dated 10th March 2010 the learned Principal Judge, Family Court, Patna has directed the appellant-husband to pay a sum of Rs.3000/- per month to the respondent-wife from the date of filing of petition under section 24 of the Hindu Marriage Act. Further a sum of Rs.5000/-has been allowed as cost of litigation. On behalf of the appellant a strong plea was advanced that both the parties be directed to appear in 2 person so that a fresh effort for reconciliation at the stage of High Court may be made and in case efforts for reconciliation fail the parties may agree for divorce on negotiated terms. A perusal of the order under appeal, particularly paragraph-6 reveals that on the basis of admitted salary of the appellant, which is Rs.13,303/- per month, the court below has allowed the amount of maintenance under section 24 of the Hindu Marriage Act. We find no good reason to take a different view or to lower down the amount granted by the court below as maintenance. Hence we find no merit in this appeal. It is accordingly dismissed. At this stage learned counsel for the appellant prays to withdraw this appeal. The prayer is allowed and this appeal is dismissed as withdrawn. It goes without saying that if the appellant makes a prayer for further efforts for reconciliation or negotiated settlement, the court below shall give an opportunity for the 3 same. Otherwise also, the court below is directed to consider the averments made in the written statement filed on behalf of respondent-wife and decide the suit for divorce filed by the appellant expeditiously in accordance with law. Naresh ( Shiva Kirti Singh, J.) ( Shivaji Pandey,J)