IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.713 of 2006 PRAMOD KUMAR Versus ANURADHA RANI ----------- 4. 11.8.2008 Heard counsel for the petitioner and the counsel for the opposite party. The impugned order does not give any reason as to why a sum of Rs. 5,000/- per month by way of maintenance pendentilite under Section 24 of Hindu Marriage Act was fixed specially when there was no evidence on record to show the fixed income of the petitioner. Even the finding as with regard the petitioner being associated with Raj Laxmi Jwellers is sadly lacking. In such a situation, the court below was not justified in fixing quantum of Rs. 5,000/- per month which in fact becomes an amount without any basis. Counsel for the opposite party, however, has very fairly stated that even if the wife opposite party is not in a position to lead evidence with regard to the exact income of the petitioner, the liability of her being maintained by the petitioner cannot be questioned by him. To that extent counsel for the opposite party seems to be 2 correct and accordingly, in keeping the order of this Court dated 6.10.2007 Mr. Kanhaiya Prasad Singh, learned senior counsel, would offer an amount of Rs. 2,000/ per month. However, Mr. L.N.Das, counsel for the opposite party, however submits that an amount of Rs. 2,000/- per month is too meagre, particularly when it is found that such a misery has been caused to the wife opposite party by dragging her into a litigation by the husband petitioner being the present Matrimonial Case No. 167/2004. Considering this aspect of the matter, while this Court would set aside the impugned order but keeping in view the earlier order of this Court as also present cost of living, this Court would fix an amount of Rs. 3,000/- per month with the consent of both the parties with a direction such amount of Rs. 3,000/- per month will be paid by the petitioner in the manner fixed by the court below in the impugned order, but the same will be given effect to from 10.1.2006 i.e. the date of the second application. The arrears, therefore, will be payable to the opposite party by the 3 petitioner only with effect from 10th January,2006 at the rate of Rs. 3,000/- per month and such amount of arrears will be paid in three equal installments of three months each, whereas the current payment will be made as directed by the court below. It is made clear that fixation of this amount of Rs. 3,000/- is only maintenance pendentilite as envisaged under section 24 of the Hindu Marriage Act and in no way will prejudice either of the parties in the matter of fixation of final amount of maintenance in course of fixation of permanent alimony by the court below at the time of final disposal of maintenance case. With the aforementioned observations and directions this application is disposed of. ( Mihir Kumar Jha,J.) Surendra/