VIJAY KUMAR BEHAL Vs. POONAM @ BABBI

JUDGEMENT

(1.) THIS is an application under Section 24 of the Hindu Marriage Act for the fixation of maintenance pendente lite and litigation expenses. It has been contended in the application supported by an affidavit that the appellant husband has got an income of Rs. 3,000/- from the shop of book seller which he is running at Tanda and he has got his own house. On the other hand an affidavit has been sworn stating on oath that the appellant has got no house and he is presently residing with his mother at her mercy. As regards carrying on the business of book seller it has been stated that it is a stationery shop outside a school which is being run by the appellant husband. It has further been contended that the Magistrate passed an order of maintenance at the rate of Rs. 150/- at the instance of wife and the child and, therefore, the same amount should be fixed in these proceedings. After taking into consideration the affidavits filed by the parties, I determine the amount of maintenance pendente lite at the rate of Rs. 250/- per month payable from the date of application. It goes without saying that the appellant husband is not to pay in both the amount fixed in these proceedings would mean due payment proceeding and the in the proceedings under section 125 of the Criminal Procedure Code. Whatever amount has been deposited by the husband before the Magistrate, the same shall be withdrawn by the applicant-respondent wife. If there is any balance in view of fixation of Rs. 250/- the same would be paid to the wife within one month from today. The maintenance amount would be paid regularly. Litigation expenses are determined at Rs. 1,000/-. The fixation of the amount in these proceedings would not prejudice the mind of the Magistrate in deciding proceedings under section 125 of Criminal Procedure Code. Litigation expenses may paid within two months from today.