MUKESH KUMAR Vs. REENA SAINI

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 22.08.2014, passed by the learned Additional District Judge, Kurukshetra, vide which the maintenance pendente lite has been awarded to respondent-wife at the rate of Rs.7000/- per month under Section 24 of the Hindu Marriage Act, 1955 (hereinafter called the 'Act') and Rs.5000/- have been awarded towards litigation expenses.

(2.) Learned counsel for the petitioner contended that the petitioner has been ordered to pay interim maintenance at the rate of Rs.8000/- per month under Section 125 of the Code of Criminal Procedure, 1973 (hereafter called the 'Cr.P.C.') vide order dated 22.03.2014. He contended that the monthly salary of the petitioner is only Rs.20,070/-. He further contended that the learned trial Court has not ordered that the interim maintenance paid in the proceedings under Section 125 Cr.P.C. shall be adjustable against the amount of maintenance awarded under Section 24 of the Act. Thus, he contended that the impugned order is illegal.

(3.) On the other hand, learned counsel for the respondent contended that the remedies under Section 125 Cr.P.C. and Section 24 of the Act are separate remedies. The respondent-wife has right to claim the maintenance under both the provisions of law. Thus, he contended that there is no illegality in the impugned order.