IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2026 of 2008 SEEMA DEVI Versus LAL BABU SINGH ----------- 2 5/12/2008 Heard counsel for the petitioner. For the reasons mentioned in I.A. no. 7103/2008, the delay in filing of this Civil Revision Application is condoned. On merits this Court would find that Whatever be worth of defence of the petitioner-wife that she had no funds to contest the matrimonial case imposed on her by her husband, this much is clear that her application for maintenance pendent-elite under section 24 of the Hindu Marriage Act has remained pending consideration since 10.11.2004. In that view of the matter, if for want of fund the petitioner could not contest the case, she could not have been non-suited altogether by closing her evidence. Counsel for the petitioner assures that the petitioner will adduce her evidence and complete the same within a period of six months from the date of receipt/production of a copy of this order 2 by the court below. Recording the aforementioned undertaking on behalf of the petitioner, this Court while setting aside the impugned order would direct the court below to first decide the application under section 24 of the Hindu Marriage Act within a period of sixty days in terms of the Act and thereafter hear the case by allowing the petitioner to complete her evidence within the aforementioned time frame. With the aforementioned observation this application is disposed of. (Mihir Kumar Jha, J.) Abhay Kumar