IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.566 of 2008 DEEP NARAYAN SINGH Versus MANJU DEVI ----------- 2 18.9.2008 Heard Counsel for the petitioner. In the opinion of this Court, the amount of maintenance pendentelite under Section 24 of the Hindu Marriage Act hereinafter referred to as the Act being Rs. 1,000/- per month and/or cost of litigation of a consolidated sum of Rs. 4000/- in one lump-sum does not require any interference of this Court as the same is neither excessive nor illegal. Pursuant to the earlier order of this Court dated 3.5.2006 in C.R. No. 1850 of 2005, the Court below had gone into all the possible facets of the income of the petitioner and thereafter, it had reached to a finding that from the various source of the petitioner, his income can be easily quantified at Rs. 5,000/- per month. That being so, such a pure question of finding of fact cannot be interfered by this Court in exercise of power under Section 115 of the Code of Civil Procedure. The next submission of Mr. Verma that the marriage of the petitioner with the opposite party was itself void, and therefore such wife was not entitled for any amount of maintenance has to be noted for its being 2 rejected. The more fact that there is a strong possibility of the marriage being declared void is no ground for declining even the basic right to claim interim maintenance and expenses of the litigation. At this stage, Mr. Verma would submit the petitioner is not in a position to pay the arrears of maintenance @ Rs. 1000/- per month w.e.f. 5.4.2005 along with cost of litigation of Rs. 4000/- consolidated in one lump-sum and thus he may be allowed to pay in installment. Considering the aforementioned limited prayer, this Court would direct the petitioner to pay the arrear of maintenance of April 2005 to August 2008 as also the cost of litigation in four equally monthly installments beginning from 15th October 2008. The petitioner however must pay current amount of maintenance from the month of September 2008 onwards as directed by the court below in the impugned order and in the event of any default in the payment of installment of the arrear and/or current amount as directed above the matrimonial case of the petitioner shall stand automatically dismissed. With the aforementioned observations and directions, this civil revision application is hereby dismissed. Rsh (Mihir Kumar Jha, J.) 3