IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1575 of 2009 Kaushal Kishore Gautam son of Sri Birendra Prasad Singh, permanent resident of Purani Gudari, Ward no.9, P.O.& P.S. Bettiah Town, District West Champaran currently residing at NAIK (O.P.R.) Kaushal Kishore Gautam, Army No.15773088 W.R.H.Q. 19 Air Defence Regiment C/o 56 A.P.O. ……. Applicant-Petitioner. Versus Priyanka Devi wife of Kaushal Kishore Gautam, daughter of Sri Mahadeo Mishra, resident of village-Belwan, P.O. Awaraiya, P.S. Bettiah Mufassil, District West Champaran. …Defendant-Opposite party. For the petitioner : Mr. Y.V. Giri, Senior Advocate with M/s Ashish Giri and Raju Giri, Advocates. For the opposite party : M/s Narmadeshwar Jha and Aditya Nath Jha, Advocates. ----------- 05/ 09.12.2009 Heard learned counsel for the sole petitioner and learned counsel for the sole opposite party. 2. This petition has been filed by the applicant-petitioner challenging order dated 26.06.2009 by which the learned Principal Judge, Family Court, West Champaran allowed the application of the defendant-opposite party filed under section 24 of the Hindu Marriage Act, 1955 and directed the petitioner to pay interim maintenance of Rs.4000.00 per month to her and also to pay litigation cost of Rs.15,000.00 in one lump sum in Matrimonial Case No.138 of 2007. 3. The aforesaid matrimonial case was filed by the petitioner for dissolution of his marriage with the opposite party which had taken place on 08.05.2007 on various allegations including the chastity of the opposite party. He claimed that after second ultrasound of the opposite party on 05.07.2007 she left her husband’s 2 place on 06.07.2007 and started living with her parents, whereafter on 12.07.2007 the aforesaid matrimonial case was filed by the petitioner. 4. The said case was contested by the opposite party refuting the said allegation. She also filed an application under section 24 of the Act on 07.02.2008 which was contested by the petitioner, but was allowed by the learned court below vide its order dated 26.06.2009 against which the instant civil revision has been filed. 5. After considering the arguments of learned counsel for the petitioner and learned counsel for the opposite party and the materials on record including the impugned order it is quite apparent that for the purposes of an order under section 24 of the Act it is necessary for the court to prima facie see as to whether there was marriage between the parties, whether the husband had sufficient income and whether the wife is able to maintain herself. In the instant case it is not in dispute that there was marriage between the parties on 08.05.2007 and the learned court below rightly came to the conclusion that the petitioner and opposite party were husband and wife. 6. So far the other two questions are concerned, the petitioner had claimed that he had no sufficient income and that his wife, namely opposite party had sufficient income to maintain herself. These two claims had been specifically and categorically denied by the opposite party stating that the petitioner who is a Nayab Subedar in Indian Army had sufficient income to pay the amount of maintenance to her and that she had no income of her own, rather she is totally dependent upon her father, who is merely a teacher in a 3 Primary School having a large family depending upon him. Although the learned court below has considered the matter, but there is absolutely no finding on the said two points, in absence of which no such order for maintenance etc. should have been legally passed. 7. In the said circumstances this civil revision is allowed, the impugned order of the learned court below is set aside and the matter is remanded to the learned court below to decide the application of the opposite party filed under section 24 of the Act afresh after arriving at specific findings on those two points in accordance with the specific pleadings and existing materials on record within one month from the date of receipt/production of a copy of this order without being prejudiced by this order which has been passed only due to the absence of any finding as aforesaid in the impugned order. 8. If the cost of fax is deposited by any of the parties by tomorrow, let this order be sent to the learned court below i.e. Principal Judge, Family Court, West Champaran in connection with Matrimonial Case No.138 of 2007 through fax. harish/ ( S. N. Hussain, J. )