KULWINDER KAUR Vs. PAKHAR SINGH

JUDGEMENT

(1.) The impugned order of the trial court declining maintenance pendente lite and expenses of the litigation under Sec. 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), is patently erroneous and cannot, therefore, be sustained.

(2.) A reading of the impugned order would show that the reason for declining relief under Sec. 24 of the Act was that the petitioner had already been granted interim injunction in proceedings under Sec. 125 of the Code of Criminal Procedure, 1973. The grant of maintenance under this provision of law can, by no means, be construed as a bar to seeking maintenance pendente lite and expenses of the litigation under Sec. 24 of the Act. It must be clarified, however, that the petitioner cannot recover double the maintenance, namely, one under Sec. 125 of the Code of Criminal Procedure, 1973, and another under the Act. Except to this extent, the grant of maintenance under the Code of Criminal Procedure, 1973, cannot stand in the way of the petitioner being awarded maintenance pendente lite and expenses of litigation under the Act.

(3.) The matter is accordingly hereby remitted to the trial court for fresh decision on the application of the petitioner under Sec. 24 of the Act.