IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.741 of 2009 SHANKAR THAKUR @ SHANKAR KUMAR THAKUR Versus ANUPMA KUMARI ----------- 2/ 14.05.2009 Heard counsel for the parties. As may appear from the impugned order itself, the lady was granted interim maintenance at the rate of Rs.5000/- per month to be paid by the petitioner probably after noticing the allegation of fact that the petitioner was being paid a salary of Rs.30,000/- per month by his employer M/s ICICI Bank in Delhi. The court below appears not considering other aspect of the matter that the lady i.e. the petitioner before the court below, Anupma Kumari, is a registered dental surgeon with the Bihar Dental Council, as appears from Annexure 3/1 to the present petition and she could have her own income also. If the court below could peruse the provision of section 24 of the Hindu Marriage Act, he could find that the income of both sides have to be considered and then the question of granting or not granting the alimony has to be considered. If the court comes to the conclusion that it can be a case for granting monthly or permanent alimony, then it has to quantify after taking into consideration the circumstance, income in the lives of the two sides. The court has not at all considered that aspect of the matter rendering the present order not sustainable. In the result, the impugned order is hereby set aside. The matter is remitted back to the Principal Judge, Family Court, Darbhanga for re-hearing of the petition under section 24 of the Hindu - 2 - Marriage Act filed in Matrimonial Case no. 43 of 2008. For the guidance of the court below, it is pointed out that the hearing on a petition under section 24 of Hindu Marriage Act has to be done as if it were a separate proceeding and an enquiry has to be made by taking the evidence of the two sides of all aspects of the matter as regards income of the parties. I believe that the court below is well acquainted with the law on the subject and as such, proceeds to hear the petition in accordance with law and disposes it of within a period of three months from the date of receipt/production of a copy of this order. The revision petition is allowed in the above terms. Anil/ (Dharnidhar Jha, J.)