HARIDAS BHATTACHARJEE Vs. SUPARNA BHATTACHARJEE

JUDGEMENT

(1.) This revision application is at the instance of the husband and is directed against an order dated 30th March, 1999 passed by the Judicial Magistrate, 5th Court, Sealdah in M. Case No. 34/96.

(2.) In a proceeding under Section 125 of the Cr.P.C. there was an order for maintenance in favour of the wife and the husband was directed to pay Rs. 500/-per month. In another proceeding, there was an order for alimony pendente lite which was made under Section 24 of the Hindu Marriage Act. The learned Advocate moving this application submits that the husband should not be made liable for both the payments. None appears on behalf of the wife although notice appears to have been duly served.

(3.) Now to meet the ends of justice, I direct that the order passed by the learned Magistrate with regard to maintenance under Section 125, Cr.P.C. shall be kept in abeyance so long the wife gets alimony pendente lite under Section 24 of the Hindu Marriage Act. The order made under Section 125, Cr.P.C. will become operative as soon as the order under Section 24 ceases to exist.