IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1254 of 2007 LOOTAN SINGH @ LUTAN SINGH Versus ASHA DEVI ----------- 4 26.8.2008 Heard Counsel for the petitioner. In the opinion of this Court, the amount of Rs. 1,000/- that too by way of maintenance pendentelite under Section 24 of the Hindu Marriage Act on a situation created by the petitioner in forcing the opposite party, wife to contest a litigation, cannot be said to be either excessive or illegal. It has come on the record in course of the cross-examination of the wife and cross examination on behalf of the petitioner that he had at least some sources of income from agriculture inasmuch as it was suggested by the wife that the petitioner and his family members have 25 acres of land. This Court would not go into the niceties of the argument advanced by Mr. Ashok Kumar Singh learned Counsel for the petitioner as to whether the lady, the wife had her own source of income by operating some business when this Court is satisfied that the lady had been forced to contest the litigation and had prima facie gone to satisfy the Court with regard to the petitioner having specific means of income from agricultural sources. 2 That being so, a sum of Rs. 1,000/- is not such an exorbitant amount which would require in an depth analysis of the income of the parties as there is sufficient consideration on the issue of income in the impugned order. This Court would therefore, find no merit in the aforementioned submission. Counsel for the petitioner would then refer to an order of this Court dated 11.9.2007 passed in Civil Revision No. 375 of 2007. From its perusal it would appear that the facts of the aforementioned case are absolutely different and as such the same would not be applicable to the facts of the present case. In view of the fact that the matrimonial case has been filed by the petitioner in the year 2002 and has remained pending for last six years, this Court would accordingly direct the Court below to take up the hearing of the case and ensure that after the petitioner deposits the arrears and current amount under the impugned order, it would proceed to dispose of the case within a period of one year from the date of making such final payment by the petitioner towards the arrear of amount. With the aforesaid observations and directions this Civil Revision application is disposed of. Rsh (Mihir Kumar Jha, J.) 3