IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11942 of 2011 Subhash Choudhary Versus Malti Devi ----------- 02. 26.07.2011. Heard the learned counsel for the petitioner. This writ application has been filed by the petitioner against the order dated 13.05.2011 passed by Principal Judge, Family Court, Gaya in Matrimonial Title Suit No.180 of 2009 whereby the learned Court below allowed Rs.800/- per month and Rs.5000/- as litigation cost under Section 24 of the Hindu Marriage Act. The learned counsel for the petitioner submitted that the petitioner is unemployed and is dependent on his father and he is simple small farmer in the village. Therefore, he has no independent source of income. From perusal of the impugned order, it appears that the learned Court below found that there is no evidence that respondent has got any source of income for her maintenance. Considering the fact and circumstances and status of the parties, the learned Court below has granted only Rs.800/- per month and Rs.5000/- as litigation cost. Under Section 24 of the Hindu Marriage Act wide discretion is conferred on the Court and order for maintenance pendente lite and costs of the proceeding, as the initial words of the Section clearly stated, can be made in any proceeding under the Act when it is shown 2 that any spouse has no independent income sufficient for support. An order under Section 24 of the Hindu Marriage Act must depend on the circumstances of each case and no fixed rule can be expected. It is well settled principle of law that is summary proceeding and, therefore, unless it is impossible the proceeding should be decided on the basis of affidavit filed by the parties. From perusal of the impugned order, it appears that after considering the facts and circumstances of the case, the Court below has exercised discretionary jurisdiction as conferred under Section 24 of the Hindu Marriage Act. Therefore, in exercise of supervisory jurisdiction under Article 227 of the Constituting of India, the impugned order cannot be interfered with. Accordingly, this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)