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Judgment
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has moved the Court under Section 19(4) of the Family Courts Act, 1984, against the order dated 14.12.2017, passed by the Sessions Judge, Darbhanga in Cr. Appeal No. 34 of 2017, by which the order dated 08.05.2017 passed by the Sub Divisional Judicial Magistrate, Biraul in Miscellaneous Case No. 1 of 2014, has been modified and the petitioner directed to pay Rs. 1,000/- per month as interim maintenance to the opposite party no. 2, instead of Rs. 2,500/-
Learned counsel for the petitioner submitted that the opposite party no. 2 is not his wife as she is already married and has grown up children.
Learned APP submitted that the order is interim in nature and the petitioner still has the opportunity to get the fact thrashed out as to whether the opposite party no. 2 is his wife by bringing sufficient material and examining relevant witnesses.
Faced with the situation, learned counsel for the petitioner submitted that the application be disposed off with liberty to the petitioner to contest the Miscellaneous Case No. 1 of 2014 and get the same taken to its logical conclusion. It was prayed that the Court may fix a time frame so that the matter does not linger unnecessarily.
Having regard to the aforesaid, the application stands disposed off with liberty to the petitioner to contest the Miscellaneous Case No. 1 of 2014, pending before the Sub Divisional Judicial Magistrate, Biraul. However, in view of the dispute and the stand taken on behalf of the petitioner, the Court finds that the ends of justice would be served with a direction to the Court concerned to decide the matter expeditiously and in any case within six months from the date of production of a copy of this order.
The petitioner shall also be at liberty to move the Court below with regard to fixing installments for paying of arrears to the opposite party no. 2.