IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.383 of 2006 SANJAY KUMAR, SON OF LATE SATYA NARAYAN PRASAD, RESIDENT OF MOHALLA NADARGANJ, RAM SAGAR ROAD, POLICE STATION CIVIL LINES, GAYA. …APPELLANT. Versus MANISHA KUMARI @ ANITA KUMARI, WIFE OF SANJAY KUMAR AND DAUGHTER OF LATE RAM BAHADUR PRASAD, RESIDENT OF TOWER CHOWK, SARAI ROAD, POLICE STATION KOTWALI, GAYA. ...RESPONDENT. -------- 9. 16.11.2009 Heard Mr. Virendra Pratap Singh for the appellant, and Mr. Birju Prasad for the respondent. This application under section 19 of the Family Court Act, 1984, is directed against the order dated 13.07.2006, passed by the learned Principal Judge, Family Court, Gaya, in Matrimonial Case No. 89 of 2005/23 of 2002, whereby as an interim measure, the appellant has been directed to pay a sum of Rs. 1500/- per month to the respondent by way of maintenance, and a sum of Rs.5000/- as litigation cost. By order dated 03.11.2009, it was directed that the question of maintainability of this appeal shall be considered at the stage of hearing under Order 41, Rule 11 of the Code of Civil Procedure and has accordingly been placed today. However, we do not feel the necessity of considering the question of maintainability of the appeal in view of the nature of order that we are going to pass. It appears that the appellant had filed an application seeking for judicial separation. During the pendency of the proceedings, the learned Family Court has passed the aforesaid - 2 - order. Being an interim measure, we are not inclined to interfere with the impugned order. The appeal is disposed of with the direction to the learned Principal Judge, Family Court, Gaya, to dispose of the main matter within a period of six months from the date of their next appearance before the learned Family Court. Learned counsel for the parties undertake not to seek any adjournment in order to expedite the matter. The parties have agreed to appear before the learned Family Court on 30.11.2009, along with a copy of the present order. hr ( S. K. Katriar ) ( Kishore K. Mandal )