Allowed a civil revision to dispose of pending execution proceedings regarding pendente-lite maintenance arrears that were settled out of court by payment of drafts via compromise between the parties.
Allowed the civil revision application; disposed of execution proceedings and ordered forfeiture of the bond.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.3 of 2012
====================================================== Sanjay Kumar Azad, son of Sri Upendra Narayan Saha, resident of Lohianagar, P.O.- Suhirdnagar, P.S.- Begusarai Town, District- Begusarai. ....Opposite Party .... Petitioner/s Versus Soni Kumari, wife of Sanjay Kumar Azad, daughter of Ram Swarup Gupta, resident of Pankha Toli, Muzaffarpur, P.S.- Kazi Mohammadpur, districtMuzaffarpur. ....Petitioner .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md.Imteyaz Ahmad For the Opposite Party/s : Mr. Binod Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
7 11-10-2012 Heard Mr. Imteyaz Ahmad, learned counsel appearing on behalf of the petitioner and Mr. Binod Kumar Sinha, learned counsel appearing on behalf of the sole opposite party.
This civil revision application is directed against the order dated 1.6.2011 passed by the learned Principal Judge, Family Court, Begusarai in Execution Case No.1 of 2008, whereby the application of the petitioner filed under section 47 of the Code of Civil Procedure for discharge, inter alia, on grounds that the order passed by the family court having been carried out by him, has been rejected.
The execution case in question has been filed by the sole opposite party seeking recovery of the pendente-lite maintenance amount as awarded by the family court in a case
Patna High Court C.R. No.3 of 2012 (7) dt.11-10-2012
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arising from Divorce Case No.8 of 2000 as according to the opposite party, the petitioner failed to discharge the obligation as cast upon him under the orders of the family court.
Although initially there was some contest in between the parties as regarding the quantum of arrears of maintenance amount which is the subject matter of Execution Case No.1 of 2008 but during the course of the proceedings the opposite party agreed to resolve the matter upon payment of an amount of Rs.60,000/- towards full and final settlement of her claim towards the pendente-lite maintenance amount. The offer made by the sole opposite party was agreed upon by the petitioner and today he has presented two drafts of Rs.30,000/- each, drawn on the State Bank of India, Muzaffarpur, issued in favour of the sole opposite party, namely, Soni Kumari. Both the drafts are dated 4.9.2012 and have a validity of three months.
An affidavit has been filed on behalf of the sole opposite party, Soni Kumari that she does not wish to proceed with the Execution Case No.1 of 2008 arising from Divorce Case No.8 of 2000 upon receipt of the payment of Rs.60,000/-. The two drafts of Rs.30,000/- each are being handed over to Mr. Binod Kumar Sinha, learned counsel appearing for the sole opposite party, Soni Kumari who has issued a receipt thereof.
Patna High Court C.R. No.3 of 2012 (7) dt.11-10-2012
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In view of the affidavit filed by the opposite party and as the parties have decided to compromise the matter in view of the aforesaid development, there appears no necessity to continue with the execution case bearing Execution Case No.1 of 2008.
In the result, this civil revision application is allowed and the proceedings in Execution Case No.1 of 2008 pending in the court of learned Principal Judge, Family Court, Begusarai stands disposed of.
(Jyoti Saran, J)
SKPathak/-
Sanjay Kumar Azad
Soni Kumari
Jyoti Saran
As recorded by the court registry
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