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2025 DAILYLAW 57236 (PAT)

Devesh Malviya v. The State of Bihar

CR. REV./857/2018 · 2025-10-10

Sunil Dutta Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.857 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Devesh Malviya Son of Late Anjani Kumar Malviya @ Anjani Kumar, Resident of Mahalla-Gyanpur Road, S.R.D. Nagar, P.S.- Gyanpur, Dist.- Bhandoi, Uttar Pradesh. ... ... Petitioner/s Versus 1. The State of Bihar. 2. Puja Pallavi Daughater of Shri Baidyanath Sharma, Resident of Village- Andar Quila, Konhara, Ps- Hajipur Town, Distt- Vaishali. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Gauri Shankar Thakur, Advocate. For the Respondent/s : Mr. Sri Ram Bilash Roy Raman, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14 10-10-2025 Learned counsel for the petitioner submits that he has filed this revision for setting aside the ex-parte judgment and order dated 03.04.2018 passed by the learned Principal Judge, Family Court, Vaishali at Hajipur in Maintenance Case No.101 of 2016 by which the learned Court concerned has directed the petitioner to pay the maintenance of Rs.5,000/- per month by the petitioner to his wife/ opposite party no.2 Pooja Pallavi for her monthly maintenance from the month of filing of this case. He further submits that during the proceeding, both the parties have compromised and accordingly a compromise petition/ agreement dated 26.03.2025 filed on record alongwith affidavit of petitioner as well as opposite party no.2. Patna High Court CR. REV. No.857 of 2018(14) dt.10-10-2025 2/3 2. Learned counsel for the petitioner further submits that as per the compromise both the parties shall file a joint divorce petition under Section 13B of Hindu Marriage Act, 1955 before the appropriate Court and as permanent alimony/ one time settlement amount, the petitioner had to pay Rs.7,00,000/- in two equal installments to his wife/ opposite party no.2. He further submits that the first installment of Rs.3,50,000/- was to be paid by the husband/ petitioner to his wife/ opposite party no.2 in the divorce case at the time of first statement of the parties recorded before the concerned Court and the second installment of Rs.3,50,000/- would be paid by the petitioner/ husband to his wife/ opposite party no.2 when the second statement would be recorded before the Court concerned in the mutual divorce case. 3. All the terms and conditions have already been incorporated in the said compromise petition. 4. Learned counsel for the petitioner further submits that in view of the compromise, the divorce petition under Section 13B of Hindu Marriage Act has already been filed and the first statement of the parties have also been recorded in the mutual divorce petition before the Court concerned and the petitioner had already paid Rs.3,50,000/- as first installment to Patna High Court CR. REV. No.857 of 2018(14) dt.10-10-2025 3/3 his wife/ opposite party no.2. He is ready to comply with the terms and conditions of compromise. 5. In view of the said compromise, learned counsel for the petitioner submits that the present Cr. Revision may be disposed of. 6. There is no objection to this prayer of the petitioner. 7. In view of the facts and circumstances of the case and considering the compromise between the parties, the judgment/order dated 03.04.2018 passed by the learned Principal Judge, Family Court, Vaishali at Hajipur in Maintenance Case No.101 of 2016 stands set-aside. Accordingly, the present Cr. Revision stands disposed of as compromised. Ritik/- (Sunil Dutta Mishra, J) U T