DEEPAK SHUKLA Vs. SAVITA SHUKLA

JUDGEMENT

(1.) THIS revision is directed against the order dated 9. 9. 1997, passed by 1st Additional District Judge, Jabalpur, in Civil Suit No. 2a/96, whereby the applicant is directed to pay Rs. 2,500/- per month, to the non-applicant, towards maintenance pendente lite for the period from June, 1994 to September, 1997. The non-applicant was also granted Rs. 200/- for her appearance in the Court on each date in which she appears, and travelling expenses for to and fro journey, for herself and her one attendant, who accompanies her in the said journey by Railways. A further sum of Rs. 5,000/- was also granted by the Trial Court to the non-applicant for the expenses incurred by her during pendency of the suit, including the cost of the Counsel.

(2.) IN this revision, filed by the applicant, against the order under Section 24 of Hindu Marriage Act, (henceforth 'the Act'), the grievance of the applicant is that an excessive amount was awarded in two consolidated cases, one under Section 9 of the Act and another under Section 13 thereof, for a decree of divorce, filed by the applicant.

(3.) THE first contention of the learned Counsel for the applicant is that there is an order dated 5. 9. 1995 passed by the Additional Chief Judicial Magistrate, Katni, under Section 125 of the Code of Criminal Procedure. In that case, Rs. 500/- per month has been awarded to the non-applicant by way of maintenance. The award of maintenance under Section 125 of the Code of Criminal Procedure against the applicant was not taken into account while considering the grant of maintenance under Section 24 of the Act.