IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1756 of 2008 ANIL KUMAR SAH @ ANIL KUMAR Versus KIRAN DEVI ----------- 2 22/10/2008 Heard counsel for the petitioner. While Mr. Nagendra Rai, learned counsel appearing on behalf of the petitioner would not question the amount of maintenance, he has serious objection to the nature of the order, in as much as, when it was a case of restitution for conjugal right, in his opinion no such amount of maintenance could have been directed to be paid under section 24 of the Hindu Marriage Act which is pre-supposed to have an element of negligence by the husband in maintaining her wife. He in this regard submits that as a matter of fact when the husband-petitioner was ready to keep his wife and for that very purpose he has filed the petition seeking restitution of conjugal right there was no occasion for the court to pass order regarding interim maintenance under section 24 of the Hindu Marriage Act. In the opinion of this Court such sweeping submission can not be accepted because in a number of cases the 2 applications for restitution of conjugal right may be real camouflage for not maintaining the wife. The wife, opposite party in her application the present case in hand had clearly mentioned that she was not being maintained and she had to live separately. Whether such situation was created on her own record or due to coercion or any other factor or reason, is still to be gone into in the pending proceedings for restitution of conjugal right. In that view of the matter, this Court would not find any reason to interfere with the impugned order and accordingly this application is disposed of with a direction to the petitioner to pay arrear and current amount in terms of the impugned order within a period of three months from the date of receipt/production of a copy of this order, whereafter the court below will take up the case of the petitioner for expeditious disposal and would make all possible endeavors to dispose it of in the next three months. It is however made clear that in case in course of effort for amicable settlement 3 of the court below, the wife agrees to reside with the husband, then not only case will be disposed of but the order granting interim maintenance will be also recalled. With the aforementioned observation/ direction this application is disposed of. ( Mihir Kumar Jha, J.) Abhay Kumar