NATVARBHAI MULJIBHAI CHAUHAN Vs. HANSABA NATVARBHAI CHAUHAN

JUDGEMENT

(1.) Rule. Mr. M.B. Gandhi waives service of Rule on behalf of respondent. As the matter pertains to grant of temporary maintenance under Section 24 of the Hindu Marriage Act, 1955 to the wife, the civil revision application is taken up for final hearing with consent of the learned Counsel for the parties.

(2.) This civil revision application under Section 115 of the Code of Civil Procedure, 1908, is directed by husband-petitioner against the order of the Civil Judge (S.D.), Vadodara, dated 27th July, 1998, under which the application filed by wife-respondent for grant of interim maintenance under Section 24 of the Hindu Marriage Act, 1955, came to be allowed. Under the impugned order, the husband-petitioner was directed to pay Rs. 1,200/- p.m. as interim maintenance to the wife-respondent over and above Rs. 300/- p.m. which the wife-respondent is getting as maintenance under the order of the Criminal Court passed under Section 125 of the Code of Criminal Procedure in Maintenance Application No. 332/96.

(3.) Though at first stage, the learned Counsel for the petitioner made manifold contentions challenging the impugned order of the Trial Court but thereafter, the learned Counsel for the parties have agreed upon that this revision application may be disposed of in the terms that the husband-petitioner shall pay Rs. 1,200/- p.m. to the wife-respondent regularly as interim maintenance in pursuance of the order impugned in this Civil revision application and Rs. 300/- p.m. ordered to be paid by him by Criminal Court under Section 125 of the Code of Criminal Procedure, he shall deposit that amount in the name of his daughter Parul in recurring deposit at any convenient Post Office. In view of this agreement between the learned Counsel for the parties, the order of the learned Trial Court is modified in the terms :