Sri Ajay Kumar Vs Smt Kiran

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2026:JHHC:9179-DB

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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F.A No.240 of 2019

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Sri Ajay Kumar, aged about 35 years, S/o Sudama Singh, Resident of Ploot No. 93A, Smurti Nagar, House No.662/2, Wadi, PO-Smurti Nagar Wadi, P.S Nagpur-23, District-Nagpur (Maharashtra).

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....... … Appellant/Petitioner

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Versus

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Smt. Kiran, W/o Ajay Kumar Singh, aged about 26 years, Resident of C/o Shri Parmanand Singh, Near Ram Mandir, Sector-1/C, Private House, B.S. City, PO & PS-B.S City, District-Bokaro, Jharkhand.

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Parmanand Singh, S/o not known, R/o Vikas Nagar, Sector-1C, PO & PS-B.S City, District-Bokaro, Jharkhand …… Respondents

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------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE SANJAY PRASAD

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------For the Appellant : In person (through Virtual Mode) Mr. Prabhat Singh, Advocate For the Respondents : Mr. Brij Bihari Sinha, Advocate

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Order No.23/Dated: 1^st April, 2026

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Per Sujit Narayan Prasad, J.

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The instant appeal has been preferred against the judgment dated 27.06.2019 and the decree dated 03.07.2019 passed in Original Suit No.91 of 2018 by the learned Principal Judge, Family Court, Bokaro whereby and whereunder the petition for divorce filed under section 13(1) (ia) of the Hindu Marriage Act, 1955 by the appellant herein has been dismissed.

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In pursuance to the order passed by this Court vide order dated 16.03.2026, the appellant has appeared in the present proceeding through “Virtual Mode”.

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It appears from the record that during pendency of the appeal, the respondent no.1-wife, namely, Smt. Kiran has been murdered.

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A criminal case has been instituted and on completion of investigation, a supplementary charge sheet has already been

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submitted against the accused persons by the CID, since, the case has been handed over, during pendency of the instant appeal, to the CID and further investigation with respect to other co-accused persons are going on.

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It is a case where the question of two minor children, one female child aged about 13 years and the male child aged about 10 years, who are living with their maternal grand-father in the districtBokaro and both are studying in the local School at Bokaro.

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This Court, after the death of the respondent no.1, namely, Smt. Kiran has considered the issue of upbringing of both the minor children who are living with their maternal grand-father. Such consideration was given by this Court based upon the submission made on behalf of the maternal grand-father who is being represented by Mr. Brij Bihari Sinha, the learned counsel.

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Mr. Brij Bihari Sinha, the learned counsel appearing for the respondent has pointed out that the concerned learned Family Court has passed an order of interim maintenance in exercise of the power conferred under section 125 of Cr.P.C wherein a direction was passed for making interim maintenance amount to the tune of Rs.10,000/- per month to Smt. Kiran (now dead) and an amount of Rs.5000/- each per month to both of said minor children.

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The question of making payment of maintenance amount to Smt. Kiran has become infructuous after her demise during the pendency of the instant appeal and now the only question of issue of making payment of amount of interim maintenance to be paid

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in favour of the two minor children in pursuance to the order dated 12.02.2019passed by the learned Family Court in Maintenance Case No.186 of 2016 wherein it has been directed to make payment of Rs.5000/- each per month to both minor children.

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This Court has considered the issue of the maintenance amount to be paid to the minor children only vide order dated 12.01.2026 and considering the aforesaid fact this Court has directed the appellant to deposit an amount of Rs.2 lakhs by the next date fixed, i.e, 28.01.2026 to be deposited in the Registry of this Court before the learned Registrar General by way of Demand Draft.

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10.This Court has passed such order in the pretext of the fact that even after issuance of Distress Warrant against the appellant, he has not responded to the same and, as such, this Court has gone to the extent to direct the appellant to appear in the Court physically.

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The appellant had appeared in the Court physically and it has been pointed out that a sum of Rs. 2 lakhs has been deposited in the Registry of this Court by way of Demand Draft drawn in favour of the learned Registrar General which has been taken note by this Court in its order dated 28.01.2026. The remaining amount of Rs. 4 lakhs which is against the arrears of interim maintenance amount of Rs.5000/- each per month to be paid in favour of the minor children, i.e., Rs.10,000/- in total, which has been accumulated to the extent of Rs. 6 lakhs.

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The appellant had been directed to deposit remaining arrears of maintenance amount of Rs.4 lakhs in the name of both the children.

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Today, when the matter has been taken up, Mr. Prabhat Singh, the learned counsel appearing for the appellant has submitted that Rs.4 lakhs has been deposited in the joint account opened in the name of both the minor children under the guardianship of their maternal grand-father. It has been submitted that the aforesaid amount of Rs. 4 lakhs has already been deposited in the said joint account.

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The concern of this Court, since, was to have some interest amount to accrue from the arrears amount for the purpose of its utilization for upbringing of both the children.

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This Court, in view of the above, is of the view that the amount which is lying with the learned Registrar General of this Court by way of Demand Draft amounting to Rs. 2 lakhs, the validity of the said Demand Draft has been reported to be there as on date and, as such, the learned Registrar General of this Court is hereby directed to liquidate the said amount of Rs. 2 lakhs and transmit in the said joint account of the minor children after furnishing the details of the said joint account by their maternal grand-father (respondent no.2 herein) in presence of Mr. Brij Bihari Sinha, the learned counsel representing the respondent no.2 herein by making an arrangement that the interest accrued on the total amount of Rs.6 lakhs be used for the purpose of upbringing as also the expenditure which is to be incurred in the education of both the minor children and before that the endorsement/ acknowledgement thereof be taken in the record.

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Let such exercise be done within a period of one week as the validity of the Demand Draft is up to 18.04.2026.

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It has been submitted by the learned counsel appearing for the appellant that the details of the said joint account has been furnished at Annexure -S.A-1 in the supplementary affidavit dated 20.03.2026 filed on behalf of the appellant as well as in the supplementary counter affidavit dated 21.02.2026 at paragraph-6 filed on behalf of the S.P, Bokaro.

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At this juncture, the learned counsel appearing for the respondent has submitted that in view of the previous conduct of the appellant that he has not taken care of with respect to the issue of Distress Warrant issued against him and there is likelihood that there may not be any appearance by the appellant before the concerned learned Family Court.

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This Court, however, is not anticipating the things at the moment taking into consideration the conduct of the appellant who has deposited total amount of Rs. 6 lakhs towards arrears of maintenance amount to be paid in favour of the minor children but even if such situation is come, the liberty is reserved to the respondent no.2 herein to make an application before this Court for passing appropriate order.

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So far as the further amount which is to be paid based upon the order passed by the learned Family Judge which has been undertaken to be paid on month to month basis and, as such, this Court is of the view that since the Distress Warrant has been issued against the appellant by the learned Family Judge and, as such, an application is required to be filed by the appellant herein before the concerned Family Court for passing necessary order.

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