AMAR CHAND SHARMA Vs. SITA DEVI

JUDGEMENT

(1.) THE petitioner has filed this criminal revision petition u/s 397 Cr. P. C. against the judgment and order dated 11. 03. 2004 passed by the District Judge, Alwar in Civil Misc. Application No. 41/31/2004, whereby an application u/s 25 of the Hindu Marriage Act, 1955 (in short "the Act" hereinafter) filed by wife-non-petitioner for permanent alimony and maintenance was allowed and petitioner was directed to pay a sum of Rs. 1, 000/- for his wife and Rs. 750/- for his minor daughter Anuradha, total Rs. 1750/- per month. THE petitioner in his revision petition has challenged that he filed an application u/s 13 of the Act for grant of decree of divorce in the Court of District Judge Alwar. During the pendency of the said divorce petition, the non-petitioner earlier filed an application u/s 24 of the Act for grant of maintenance pendente lite. THE District Judge, Alwar allowed the application u/s 24 and directed the husband-petitioner to pay a sum of Rs. 1500/- per month towards maintenance during the pendency of the divorce petition. THE said order was challenged before this Court by way of revision, which was dismissed.

(2.) SUBSEQUENTLY, the non-petitioner-wife filed an application for permanent alimony and maintenance u/s 25 of the Act on 21. 2. 2004. The said application was separately registered. The divorce petition u/s 13 of the Act filed by the petitioner was allowed by the District Judge, Alwar vide its separate judgment and order dated 11. 3. 2004 and on the same day a separate order was passed, whereby the application u/s 25 of the Act was allowed and petitioner-husband was directed to pay monthly maintenance amount of Rs. 1750/- to the non-petitioner-wife for herself and her minor daughter Anuradha. So far as order dated 11. 3. 2004 granting divorce is concerned, the non-petitioner-wife has already preferred an appeal before this Court, which is pending for hearing. The order allowing application u/s 25 of the Act has been impugned in this criminal revision petition.

(3.) THE above provision makes it clear that order passed u/s 25 of the Act is appealable under sub-section (2) of Section 28 of the Act, if the order is not an interim order. A bare perusal of the impugned order will show that it is final in nature. THE interim order of maintenance is always passed u/s 24 of the Act, 1955 during the pendency of the proceedings. So far as application u/s 25 of the Act is concerned, the same is separate and independent proceeding. THE position of law on the point is very clear and objection taken by the learned counsel for the non-petitioner is correct. THErefore, I hold that present criminal revision petition u/s 397 Cr. P. C. against the order passed on an application u/s 25 of the Act of 1955 is not maintainable as the said order was appealable under sub-section (2) of Section 28 of the Act, 1955.