IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1472 of 2006 DHAMI DEVI Versus RAM NARAYAN CHOUDHARY ----------- 2 11.8.2008 Heard Counsel for the petitioner. In the opinion of this Court whether the petitioner is the wife of Ram Narayan Choudhary or the wife appeared in the name of one Dhami Devi who is said to have died in the year 1984 was the real wife of Ram Narayan Choudhary is really the main question begging for an answer. That being so, this Court would not find any error in the impugned order which has refused to grant maintenance pendentelite to the petitioner holding that there was no unimpeachable material to show that she was the wife of the opposite party Ram Narayan Choudhary. The maintenance pendentelite under Section 24 of the Hindu Marriage Act is definitely a beneficial provision to safe guard the interest of the weaker party namely the wife but at the same time, it does not mean that even if there be absolutely no proof of such person being the wife, the Court as a matter of course has to grant maintenance under Section 24 of the Hindu Marriage Act. This Court cannot ignore the fact that it is 2 the petitioner who has brought the suit for declaring the marriage as null and void and the defence of the husband Ram Narayan Choudhary, opposite party is that the petitioner is not his wife. In such a situation, the Court below was wholly justified in refusing to pass an order for grant of maintenance pendentelite. Accordingly, there is no merit in this civil revision application and the same is hereby dismissed. However the observations made in this order will in no way prejudice the case of the either party at the time of final disposal of the matrimonial case. Rsh (Mihir Kumar Jha, J.)