MANGI LAL Vs. MANGIBAI

JUDGEMENT

(1.) This revision by the husband is against an order dated 1.10.1983 passed by the II Addl. Judge to the Hindu Marriage Act Case No. 38-A of 1982.

(2.) The petitioner has filed a suit for restitution of conjugal rights which is pending before that court. In that suit an application under Sections 24 of the. Hindu Marriage Act (hereinafter referred to as the Act) was filed by the non-applicant-wife claiming maintenance pendente lite and the court expenses. The court below after recording evidence fixed an amount of Rs. 100.00 p.m. as maintenance pendente lite and awarded Rs. 300.00 as court expenses. Aggrieved thereby the husband as filed this revision.

(3.) During hearing it was pointed out by the learned counsel for the applicant and which was not disputed by the learned counsel for the non-applicant that in a proceedings under Sec. 125, Code Criminal Procedure instituted by the non-applicant wife against the husband an amount of Rs. 75.00 p.m. has been awarded as maintenance. The learned counsel for the applicant therefore contends that the non-applicant had in fact accepted Rs. 100.00 p.m. as maintenance and she did not take any step against the impugned order. Thus, according to him at best Rs. 25.00 p.m. should be awarded to her in addition to what she is already getting in the proceedings under Sec. 125, Criminal Procedure Code.