IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1446 of 2008 MAHESHWAR SHUKLA Versus NILAM DEVI ----------- 2 23.9.2008 Heard Counsel for the petitioner. In the opinion of this Court, the impugned order granting maintenance pendentelite under Section 24 of the Hindu Marriage Act (hereinafter to be referred to as “the Act”) is simply not sustainable because the petitioner was not heard and such an order came to be passed on that very day on which the application was filed by the opposite party. It would thus become clear that the petitioner was not even given an opportunity to file rejoinder to such an application. It may be true that the Court below has come to a prima facie conclusion that the petitioner was deliberately avoiding the presence in the Family Court and was trying to run away from the undertaking by him on 9.8.2008. But even then, when an order was sought to be passed under Section 24 of the Act, an opportunity was required to be given to the petitioner. The reason which has been recorded in the impugned order and the application which was filed by the petitioner again are at variance. The petitioner had asked adjournment of the case on the ground that his brother had got an accident 2 leading to fracture injury whereas the Court below has somehow understood that it was petitioner who had met with an accident leading to his own fracture injury. Apparently, there is some communication gap between the petitioner and the Court and the impugned order seems to have been passed more out of disgust and confusion than on the merit of the case. That being so, this Court would set aside the impugned order and remit the matter back. It is made clear that in case the petitioner does not appear in person and continues to attend the proceeding from day- to-day till an order is passed under Section 24 of the Act, the Court below may proceed to pass an ex-parte order. It is further directed that in any event the application under Section 24 of the Act filed by the wife- opposite party, must be disposed of within a period of sixty days in the spirit of the provisions made in the Act. With the aforementioned observations and directions, this civil revision application is hereby allowed. Rsh (Mihir Kumar Jha, J.)