HARISH KUMAR Vs. MANJU

JUDGEMENT

(1.) This revision petition under Section 397, Cr.P.C., has been filed by the petitioner husband on 22/10/2003 against the order dated 31/7/2003 passed by the learned Chief Judicial Magistrate, Bikaner in Criminal Misc. Case No. 28/2003 (Smt. Manju v. Harish Kumar) whereby the learned C.J.M. allowed the application filed by the respondent wife under Section 125 Cr.P.C. and granted interim maintenance to the respondent wife to the tune of Rs. 750.00 p.m. from the date of the application i.e. from 5/2/2003 without there being any order regarding adjustment of maintenance having been granted to the respondent wife to the tune of Rs. 750.00 p.m. under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act, 1955) which was passed by the learned Additional District Judge, Didwana vide order, dated 21/4/2001.

(2.) It arises in the following circumstances:

(3.) The learned counsel for the respondent wife has placed reliance on the judgment rendered by Andhra Pradesh High Court in T. Rajender Singh v. Smt. Maya Devi1 and has submitted that the respondent wife is entitled to both interim maintenance one granted under Section 24 of the Act, 1955, and other granted under Section 125 Cr.P.C., since proceedings are different in nature.