IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.309 of 2007 BRIJ NANDAN RAM Versus SMT.RAKHI KUMARI @ SONI & ANOTHER ----------- 2 18.8.2008 Heard Counsel for the petitioner. In the opinion of this Court, when the opposite party, the wife had filed an application seeking maintenance pendentelite under Section 24 of the Hindu Marriage Act, 1955 and had stated that the petitioner had a total income of Rs. 17,000/- per month from salary, tuition and agricultural produce, the initial onus definitely was on the wife opposite party to prove the income of her husband petitioner. It however appears that the petitioner himself had taken a plea of his being employed in a Government Primary School as a Teacher receiving Rs. 7,000/- only per month by way of his salary and did not deny the fact of having no income from tuition or agricultural produce. Thus in the considered opinion of this court, the Court below has not committed any material irregularity much less jurisdictional error in fixing a sum of Rs. 3,000/- per month which easily comes within the purview of 1/3rd of the total income as was existing on the day application was filed by the wife opposite party. 2 Therefore, this Court does not find any reason to interfere with the impugned order. Counsel for the petitioner at this stage would pray that the matrimonial case itself should be disposed of expeditiously. The petitioner in this regard is given liberty to approach the Court below and file an application for this purpose and after the Court below makes an assessment as to who out of the two, whether the petitioner or the opposite party is delaying the disposal of the proceeding, would proceed to take up this case for disposal in its normal turn ensuring its timely disposal in accordance with law. In view of the fact that the petitioner till date has not paid the amount so fixed under the impugned order dated 21.12.2006 with full arrears, this Court would direct the petitioner to pay the entire arrear amount within a period of two months from the date of receipt/production of a copy of this order along with current amount on month to month basis failing which the court below must take coercive measures against the petitioner for realization of such arrear and current amount. With the aforementioned observations and directions this Civil Revision application is dismissed. Rsh (Mihir Kumar Jha, J.) 3