IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1296 of 2008 MUKESH KUMAR@MUKESH KUMAR GUPTA Versus RINKI DEVI & ORS ----------- 2. 14.8.2008 Heard counsel for the petitioner. In the opinion of this Court the approach of the court below in allowing application under section 24 of the Hindu Marriage Act without even considering on the question of income much less taking any evidence on record for this purpose cannot be held to be a correct approach and consequently this Court would not find any justification for sustaining the impugned order. The impugned order is accordingly set aside. On account of this order the wife may not suffer and therefore, Mr. Shukla has himself offered to pay a sum of Rs. 5000/- by way of on account payment which will be taken into consideration if and when a final decision in accordance with law under section 24 is taken by the court below. If the court below grants any amount of maintenance after hearing both the parties, the said amount of Rs. 5000/- will be adjusted towards the arrears which may 2 ultimately accrue on account of the proposed order of maintenance to be passed. With the above observation, this application is accordingly disposed of. ( Mihir Kumar Jha,J.) Surendra/