IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.571 of 2007 SAJJAN KUMAR Versus MANJU DEVI ----------- 2 21/8/2008 Heard counsel for the petitioner. In the opinion of this Court the amount awarded at Rs. 700/- per month by way of maintenance to the opposite party, the alleged wife and Rs. 5,000/- consolidated amount by way of cost of litigation in exercise of power under section 24 of the Hindu Marriages Act, cannot be said to be either illegal or excessive. Counsel for the petitioner, in fact, also does not question on the quantum, but he is apprehensive that certain observation made by way of recording of finding in paragraph-6 that “ Therefore, having consideration of all the facts available on record, I find that the O.P. is the legally married wife of the petitioner --------“ would be prejudging to the whole issue, because the petitioner has filed the suit seeking declaration that the marriage itself was void. In the opinion of this Court, such apprehension of the petitioner as expressed by his counsel is wholly misconceived, in as much as, it is well settled that any observation made or finding recorded while passing the interim order like one under section 24 of the Hindu Marriages Act is only tentative in nature and would not be a governing factor for deciding the issue when judgment is to be delivered on the basis of the evidence on records. 2 In that view of the matter, this application is absolutely without any substance and therefore the same is dismissed with the aforementioned observations. ( Mihir Kumar Jha, J. ) Abhay Kumar