RAVI T Vs. T LAKSHML DEVI

JUDGEMENT

(1.) Order passed in I.A.No. 98 of 1995 in O.P.No. 57 of 1994 dated 1-3-1996 by the Principal Subordinate Judge, Tirupati is the subject matter of challenge in this Civil Revision Petition.

(2.) Petitioner is the husband who filed O.P.No. 57 of 1994 under Section 9 of Hindu Marriage Act against the respondent-wife, for restitution of conjugal rights. The respondent-wife on appearance in the said O.P., filed I.A.No. 98 of 1995 under Section 24 of the Hindu Marriage Act seeking interim maintenance as well as litigation charges. On hearing both the parties, the Lower Court awarded an amount of Rs.500/- per month with effect from30-1-1995 to be paid towards interim maintenance and also further awarded an amount of Rs.1,500/- towards litigation charges, against which the present CRP is filed by the husband.

(3.) Sri A.T.M. Rangaramanujam, counsel for the petitioner states that the respondent-wife had earlier filed M.C.No. 25 of 1994 in the Munsif Magistrate Court, Tirupati under Section 125 of Cr.P.C. seeking maintenance. On contest, the Court by an order dated 19-2-1996 (sic.) awarded Rs. 400/- as maintenance to the respondent-wife and Rs.300/- to the child. Counsel further states, having obtained an order in M.C.No. 25 of 1994 on 19-2-1996 (sic.), the respondent-wife ought not to have suppressed this fact to the Lower Court and the Lower Court ought to have taken notice of the award of maintenance by the competent Criminal Court granted in M.C.No. 25 of 1994, and rejected the application which was filed under Section 24 of the Hindu Marriage Act. Counsel also contends that when a competent criminal Court awards maintenance to the respondent-wife in MC No. 25 of 1994 under Section 125 of Cr.P.C., awarding further maintenance by the Civil Court on an application filed under Section 24 of the Hindu Marriage Act is not warranted and therefore states that granting of interim maintenance to the respondent-wife under Section 24 of the Hindu Marriage Act has to be set aside.