IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1498 of 2008 SMT. SEEMA Versus SUMAN KUMAR SINHA & ORS. ----------- 2 25.09.2008 Heard counsel for the petitioner. In the opinion of this Court the concept of alimony under Section 25 of the Hindu Marriage Act is altogether different. A situation of grant of alimony would arise only on the ultimate outcome of the matrimonial case whereas what was prayed by the petitioner, was maintenance pendente lite under section 24 of the Act. True it is that even for determination of such maintenance pendent elite some sort of enquiry would be required but then to say that the issue of payment of maintenance under Section 24 will have to await for the final decision of the matrimonial case, is a patent jurisdictional error on the face of record. Accordingly, this application is allowed and the impugned order is set aside and the Principal Judge, Family Court, Khagaria is directed to take up the matter of deciding the maintenance pendente lite under Section 24 of the Act in accordance with law within a period of 60 days from the date of receipt/production of a copy of this order as enjoined. Bibhash (Mihir Kumar Jha, J.) - 2 -