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Judgment
The counsel for the appellant submits that the award of compensatory cost in the sum of Rs. 5,00,000/-by the Principal Judge, Family Court, Bhagalpur, is wholly without jurisdiction. He invited our attention to the provisions contained in Section 35-A of the Code of Civil Procedure, 1908 and submitted that the statutory provision restricts the award of compensatory cost to Rs. 3,000/- or the pecuniary jurisdiction, whichever is less. The counsel for the appellant, however, submits that the appellant is ready and willing to pay alimony to the respondent No. 1 at the rate of Rs. 3,000/- per month.
Let notice of the application (I.A. No. 681 of 2008) be issued to the respondent No. 1.
To enable the respondent No. 1 to have the service of a lawyer, we direct the appellant to send a Demand Draft/Pay Order or Banker Cheque in the sum of Rs. 10,000/- (ten thousand) to the respondent No. 1 at her present address within two weeks from today.
Requisite process fee, notice and registered cover shall be supplied within one week from today failing which the application shall stand rejected without further reference to the court.
Notice is made returnable on 4th August, 2008. Until next date, the execution of recovery of compensatory cost as awarded in the impugned judgment shall remain stayed.