IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1257 of 2006 BINOD KUMAR THAKUR Versus MANJU DEVI & ORS ----------- 2 23.7.2008 Heard Counsel for the parties. The order granting maintenance pendente- lite under Section 24 of the Hindu Marriage Act to the wife cannot be resisted by the petitioner/husband on the ground that she was living in adultery. This being an issue to be decided in divorce case, may be a good reason for either being granted divorce or being rejected. The petitioner also does not dispute that the wife is not employed and/or has no independent source of income. In that view of the matter, when the relationship of husband and wife is admitted and the suit for divorce is pending and the petitioner is a teacher in a government school having an assured income by way of his monthly salary, the amount awarded of Rs. 1500/- per month and/or a cost of litigation of Rs. 2500/- per month cannot be said to be illegal or excessive requiring interference of this Court. At this stage, Counsel for the petitioner submits that there is an application pending before the Court below for grant of mutual divorce for which 2 a sum of Rs. 2 lac has already been deposited by way of proposed alimony. If that be so, the Court below is directed to see that such an application for mutual divorce is taken up expeditiously and is disposed off in presence of both the petitioner and his wife within a period of three months from the date of receipt/production of a copy of this order. Rsh (Mihir Kumar Jha, J.)