CHANDRA PRAKASH SWAMI Vs. KIRAN DEVI

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) Learned counsel for the petitioner states that learned Magistrate awarded Rs.400.00 p.m. as interim maintenance without considering the fact that the petitioner is already paying Rs. 800.00 p.m. under Sec. 24 of the Hindu Marriage Act to the non-petitioner. Learned revisional court has not appreciated the matter and upheld the order passed by learned Judicial Magistrate. Therefore, both the courts below have committed illegality in passing the impugned order. Learned counsel for the petitioner has relied upon the judgment of this Court rendered in 2004(2) Crimial P.C. (Raj.) 978, Harish Kumar Vs. Smt. Manju .

(3.) I have considered the submission of learned counsel for the petitioner and also gone through the orders of both the courts below. The maintenance allowance which has been granted by Additional District and Sessions Judge, Ratangar under Sec. 24 of the Hindu Marriage Act can be adjusted while granting the final award under Sec. 125 Cr.RC. Learned lower court will consider this fact at the time of final disposal.