IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2044 of 2006 PRAVEEN SHANKAR Versus GAYATRI DEVI @ GAYATRI KUMARI ----------- 5 13.8.2008 Heard. Counsel for the petitioner seems to be correct and in fact Counsel for the opposite party also does not dispute this position that the impugned order fixing the maintenance at the rate of Rs. 5,000/- per month was passed in rather haste inasmuch as the application was filed on 12.4.2006 by the wife, opposite party and the order was passed on 17.7.2006 without giving adequate opportunity to the petitioner to respond to the said claim of maintenance pendentelite under Section 24 of the Hindu Marriage Act. In view of the aforesaid conclusion, this Court would quash the impugned order granting maintenance to the opposite party and would direct the petitioner to appear before the Court below on 22nd September, 2008 along with a copy of the order and a draft of Rs. Fifty Thousand which would be an adhoc payment to be made by the petitioner towards the maintenance and such payment will be of course adjustable against the ultimate amount awarded by the Court below in its order. The petitioner will also pay the balance amount of Rs. 50,000/- by 22nd of October, 2008 whereafter, the Court below will proceed to decide the question of maintenance. With the aforementioned observations and directions this application is disposed of. Rsh (Mihir Kumar Jha, J.)