(1.) THIS is a petition under Article 227 of the Constitution of India against the order dated 1.6.2009 passed by learned Addl. District Judge (Fast Track Court) Kangra at Dharamshala allowing maintenance to petitioner and her two children at the rate of Rs.1800/- per month w.e.f. 2.4.2009. The learned counsel for the petitioner has submitted that in the proceedings under Section 125 Cr.P.C. the maintenance has been allowed to petitioner and her two children from from 2.4.2009 by learned Judicial Magistrate Ist Class(1) Palampur in Criminal Case No.37-IV/09. The petition under Section 24 of the Hindu Marriage Act was filed on 18.2.2008 and therefore, the petitioner is entitled to maintenance under Section 24 of the Hindu Marriage Act w.e.f. 18.2.2008 and on enhanced rate. It has not been denied by learned counsel for the respondent that the petition under Section 24 of the Hindu Marriage Act was filed on 18.2.2008.
(2.) THE learned Addl. District Judge has held that there is nothing on record to show that the income of the husband is Rs.10,000/- per month as claimed by the petitioner. In these circumstances the learned Addl. District Judge has held that the maintenance awarded under Section 125 Cr.P.C. is adequate. In absence of worth believing material on record that income of the husband is Rs.10,000/- or above per month, the order of the learned Addl. District Judge confining maintenance at the rate of Rs.1800/- per month to petitioner and her two children as allowed under Section 125 Cr.P.C. does not require any interference. However, the petitioner is entitled to maintenance at the rate of Rs.1800/- per month from the date of filing of the petition under Section 24 of the Hindu Marriage Act i.e. 18.2.2008. THE lump sum litigation expenses of Rs.3000/-awarded to the petitioner appears to be adequate. THE impugned order is modified only to this extent that petitioner is entitled to maintenance at the rate of Rs.1800/- per month which includes the maintenance for her two children w.e.f. 18.2.2008 onwards. THE petition is disposed of on the above terms.