IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1988 of 2006 RAJESH KUMAR Versus SMT.SHAYAMIA GUPTA ----------- 3 12/8/2008 Heard the parties. Counsel for the petitioner very fairly submits that the order of the court below granting maintenance pendente-lite of Rs. 6,000/- per month and Rs. 10,000/- towards cost of litigation has been regularly and promptly paid by the petitioner and now the suit itself is virtually on the point of completion, in as much as, the case has been fixed for judgment on 18th August, 2008. If that be so, the concept of the order impugned under section 24 of the Hindu Marriages Act being only confined to maintenance pendente- lite during the pendency of matrimonial case, has served the purpose and in fact the day judgment is delivered, this civil revision application will become infructuous. At this stage, counsel for the petitioner could contend that when there was at least something to show that the opposite party, wife was dental doctor, the court below ought to have taken this aspect into consideration while fixing the amount of maintenance. This Court had repeatedly put this question to the counsel for the petitioner as to whether there is any proof of income of wife of the petitioner irrespective of the fact that she is qualified or not. Counsel for the petitioner, however, could not satisfy on this score by 2 showing that the wife, opposite party had income from her being a qualified dental doctor. That being so, this Court does not find any reason to interfere with the impugned order. Thus, the finding recorded by the court below that the petitioner has earning capacity to the tune of Rs. 20,000/- to 30,000/- per month and accordingly a sum of Rs. 6,000/- was payable by the petitioner towards maintenance cannot be said to be illegal or excessive. Be that as it may, when the matrimonial case itself has been fixed for judgment, this civil revision application has become infructuous and in that view of the matter as well, this Court is not inclined to interfere with the impugned order. This application is accordingly dismissed. ( Mihir Kumar Jha, J. ) Abhay Kumar