IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1846 of 2006 NEELAM KUMARI SINHA Versus SHREE PRASHANT KUMAR For the petitioner : - Sri Badan Mahto, Advocate For the O.P. : - Sri Rajesh Kumar Sinha, Advocate Sri Dilip Kumar, Advocate. ----------- 03/ 13.05.2009 Heard both the sides. The petitioner is the wife, who has been dragged to the court in a proceeding under Section 13(B) of the Hindu Marriage Act by her husband, who seeks dissolution of his marriage to the petitioner. After having received a notice about the proceedings in Divorce Case No. 15 of 2005 pending before the Family Court, Siwan, the petitioner filed a petition for payment of monthly allowance and the cost of litigation in terms of Section 24 of the Hindu Marriage Act. It appears that the learned Principal Judge did not dispose of the petition finally and directed interim payment of Rs.2,000/- per month as monthly maintenance to the petitioner and consolidated payment of Rs.10,000/- to her as cost of litigation. The arrears of maintenance was directed to be paid to the wife in three equal installments payable in three consecutive months. Considering the nature of the order and its - 2 - temporariness, I am not inclined to interfere with it either by enhancing the same as was the prayer before this Court because the main petition is still pending before the Family Court, Siwan. I direct the court below to dispose of the petition finally. For the guidance of the Court, it could be pointed out that a proceeding under Section 24 of the Hindu Marriage Act is a separate proceeding from the main proceeding and an enquiry has to be held by taking evidence of the parties so as to giving a finding whether the parties had the means to maintain themselves or not. The court below, while passing the order under Section 24 of the Hindu Marriage Act may consider the prevailing price index of different commodities to be used generally in leading day to day life and the life style of a person to which he/she maybe habituated to quantify an appropriate amount of maintenance to be paid to a party to the proceedings. It may also be pointed out to the court below that the matter is to be treated as most urgent because on account of being separated from the husband a wife could be leading a life of destitute and the provision is meant to provide security and safety to such a destitute person. I direct the court below to - 3 - take up hearing of the petition and finally dispose it of within a period of four months from the date of receipt/production of a copy of the present order. The petition is disposed of in the above light. DKS/ (Dharnidhar Jha, J.)