IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1721 of 2008 LUCY @ LUCY @ LUSO SINGH Versus SANTOSH KUMAR SINGH ----------- 3 16.01.2009 Heard the parties. This Court on perusal of the impugned order would find that the Court below has not applied its mind on the crucial issue as to what is the real income of the husband-opposite party. It has come on record that the husband-opposite party is a qualified Chartered Accountant working in M/s- Sampurna Plastic Pvt. Ltd. at Kolkata. It is difficult to believe that qualified Chartered Accountant would be paid salary of Rs. 3755/- per month as was averred by him in paragraph No.10 of the rejoinder to the application filed by the wife- petitioner claiming maintenance under Section 24 of the Hindu Marriage Act. In fact the Court below had not even directed the husband-opposite party to produce his duly authenticated salary statement and/or the annual return of his income being filed before the Income Tex Authority. That being so, this Court would hold that onus of income which was within the personal knowledge of the husband-opposite party in terms of Section 106 of the Evidence Act was not at all discharged and consequently the order of the Court below directing payment of Rs. 1000/- per month by way of maintenance under Section 24 of the Hindu Marriage Act was also incorrect. This Court, therefore, would set aside the impugned order and remit the matter back to the Court below which now while - 2 - directing the opposite party to produce his duly authenticated salary statement as also his statement of annual income duly authenticated by Income Tax Authorities and upon their production and after affording parties to lead further evidence on the question of income of the husband-opposite party, pass a fresh order in accordance with law. Counsel for the petitioner also submits that as a matter of fact the petitioner till date has not been paid a single farthing by the husband-opposite party and even the amount of Rs. 1000/- per month as ordered by the Court below in the impugned order either arrear or current has not been paid. If that be so, the Court below before allowing the husband-opposite party to open his case on remand under this order will first direct the husband-opposite party to deposit the entire arrears at the rate of Rs. 1000/- within two months from the date of receipt/production of a copy of this order. The Court below only after its payment would allow the husband-opposite party to place this case. With the aforementioned observations and directions this Civil Revision application is disposed of. Bibhash (Mihir Kumar Jha, J.)