SURINDER KUMAR Vs. GEETA RANI

JUDGEMENT

(1.) This petition assails the order dated 20.4.2012, vide which a sum of Rs. 5,000/- was awarded to the respondent as maintenance allowance pendente lite and Rs. 2,000/- as litigation expenses under Section 24 of the Hindu Marriage Act.

(2.) Learned counsel for the petitioner has urged that the respondent wife had also filed an application under Section 12 of the Protection of Women from Domestic Violence Act, in which the Magistrate had awarded her an amount of Rs. 2,500/- as maintenance. He further submitted that the while passing the impugned order, the amount awarded, under the Protection of Women from Domestic Violence Act, has not been taken into consideration.

(3.) After hearing learned counsel for the petitioner, this petition is disposed of with the modification of the impugned order to the extent that the amount of Rs. 2,500/- awarded to the respondent as maintenance allowance in the proceedings under Protection of Women from Domestic Violence Act would be adjustable against the amounts of maintenance awarded under Section 24 of the Hindu Marriage Act. Meaning thereby the respondent would be entitled to seek maintenance only in one proceedings at a time.