R.USHA Vs. S.UMAPATHY

JUDGEMENT

(1.) The wife whose application under Sec. 24 of the Hindu Marriage Act, was dismissed on the ground that she has been favoured with an order for maintenance under Sec. 125 of the Criminal Procedure Code in M.C.No.6 of 2011 is on Revision.

(2.) The original proceeding in HMOP No.67 of 2016 has been initiated by the husband seeking divorce on the ground of cruelty. The wife filed an application under Sec. 24 of the Hindu Marriage Act, seeking maintenance at Rs.10,000.00 for herself, Rs.10,000.00 for her minor son and Rs.10,000.00 as litigation expenses.

(3.) This application was resisted by the husband contending that the Judicial magistrate in MC No.6 of 2011 had granted a sum of Rs.1,500.00 to the petitioner and a sum of Rs.2,000.00 to the child. It was also contended that an Appeal against the said order, the same was modified granting Rs.1,500.00 each to the wife and the child. The learned Subordinate Judge, Vellore, who heard the application, dismissed the application, concluding that once the Judicial Magistrate has granted maintenance, the wife cannot invoke Sec. 24 and seek interim maintenance.