KRISHNA PRASAD MANDAL Vs. SABITA DEVI

JUDGEMENT

(1.) This revision application is directed against the order dated 31.1.2001 passed in Matrimonial Case No. 35 of 1996 by Addl. District Judge 1st, Bhagalpur by which he has allowed the petition filed by the opposite party/wife under Section 18 of the Hindu Adoption and Maintenance Act, 1956 read with Sections 24 and 25 of the Hindu Marriage Act (hereinafter referred to as the Act) and ordered for payment of interim maintenance at the rate of Rs. 1,000/- per month to her.

(2.) The facts necessary for disposal of the present application are that the opposite party was married with the petitioner. It appears that the relationship between the parties became strained. An application under Section 125 of the Code of Criminal Procedure was filed by the opposite party/wife for maintenance, but later on the same was withdrawn. Thereafter an application under Section 18 of the Hindu Adoption and Maintenance Act, 1956 read with Sections 24 and 25 of the Act was filed before District Judge and the same has been disposed of by the impugned order.

(3.) The learned Counsel appearing for the petitioner submitted that the order passed by the Court below is without jurisdiction in the sense that no order for maintenance can be passed under Section 24 of the Act which speaks of interim maintenance during pendency of any proceeding under the provisions of the Act. As no proceeding was pending before the Court below, no order for maintenance can be passed under Section 24 of the Act. He further submitted that so far Section 25 of the Act is concerned that empowers the Court concerned to pass an order for maintenance after passing a decree as provided under the said Act or thereof. As no decree has been passed under the aforesaid Act, the order for maintenance cannot be passed under Section 25 of the Act.