Jharkhand High Court
Rajesh Kumar Verma vs Smt. Biva Verma on 11 November, 2019
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 22 of 2018
Rajesh Kumar Verma --- --- Appellant
Versus
Smt. Biva Verma --- --- Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Kailash Prasad Deo
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For the Appellant: M/s Rajeeva Sharma, Sr. Advocate, Neetu Singh, Advocate For the Respondent: Mr. Ram Naresh Singh, Advocate
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12/ 11.11.2019 Learned Senior Counsel for the appellant submits that as per the appellant, outstanding amount of maintenance is Rs. 2.17 lakh as on date. Certain period of salary of the appellant are withheld due to service issue and currently, he is not getting salary due to lack of allotment of funds. However, appellant is ready to pay the aforesaid amount in four installment at interval of one and half month.
2. Learned counsel for the Respondent / wife submits that as per their calculation, the amount due is Rs. 2.86 lakh, till date i.e. Rs. 3,000/- per month. Maintenance was awarded in August 2006, but payments have not been regularly made, which has resulted in outstanding arrears.
3. Having regard to the aforesaid circumstances, and the undertaking of the appellant, we fix the schedule for payment of outstanding arrears, as per the appellant as on date, as under:
i. Let the first installment of Rs. 55,000/- be paid by 02.12.2019. Second, third and fourth installment be paid at interval of 45 days i.e. second installment be paid on or before 17.01.2020, third installment be paid on or before 04.03.2020 and fourth installment be paid on or before 19.04.2020. ii. All such payments be made by way of Bank Draft in the account of the Respondent bearing S.B. A/c No. 29170100008232 in Bank of Baroda, Ratu Road Branch, Ranchi.
Payment of outstanding arrears would not mean that current maintenance shall not be paid in the meantime.
4. On the claim disputed between the parties to the arrear outstanding, this Court would take a call after the first installment is paid by 02.02.2019. If we are satisfied with the bonafide of the appellant in payment of first installment, as above, the plea of condonation of delay in preferring the instant appeal shall be taken up.
5. Let the case be listed on 05.12.2019.
(Aparesh Kumar Singh, J) (Kailash Prasad Deo, J) Ranjeet/