APARNA @ SWEETY Vs. RITESH CHOPRA

JUDGEMENT

(1.) Petitioner/wife has filed the present petition being aggrieved by the order dated 14.05.2018 passed by Ist Additional District Judge, Shujalpur in HMA Case No.27/2017 whereby the application filed under section 24 of the Hindu Marriage Act, 1955 has been rejected. Facts of the case in short are as under:

(2.) The marriage of present petitioner with respondent was solemnized on 11.05.2017 under the Hindu customs and rituals. The respondent/husband filed an application under section 13 of the Hindu Marriage Act seeking dissolution of the marriage which is pending as HMA Case No.27/2017 before the Ist Additional District Judge, Shujalpur. In the said application the present petitioner filed an application under section 24 of the Hindu Marriage Act seeking maintenance pendente lite and expenses of the proceedings. According to the petitioner, she is entitled for maintenance at

(3.) The respondent filed a reply by submitting that the petitioner has initiated the proceedings under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Domestic Violence Act') before the JMFC against him. In the said proceeding, she claimed the maintenance amount at the rate of Rs.20,000/- per month. The said application was opposed but the learned Court vide order dated 03.11.2017 allowed the application and directed the respondent to pay Rs.10,000/- as interim maintenance and Rs.10,000/- as house rent per month till the final decision of the case. Being aggrieved by the aforesaid order he preferred an appeal under section 29 of the Domestic Violence Act before the Sessions Court and vide order dated 25.04.2018 the Sessions Court has affirmed the interim maintenance at the rate of Rs.10,000/- but rejected the claim of Rs.10,000/- as house rent. Being aggrieved by the aforesaid order, the respondent preferred a criminal revision No.3080/2018 before this Court and vide order dated 17.07.2019 this Court has dismissed the revision maintaining the amount of Rs.10,000/- per month as maintenance. During the pendency of the aforesaid proceedings the present