TARUN KUMAR VYAS Vs. SMT. NIRMALA AND ANR.

JUDGEMENT

(1.) By the instant writ petition under Arts. 226 and 227 of the Constitution of India, the order Annx.3 dt. 02.08.2007 passed by the respondent No.2 the District Judge, Bhilwara under Sec. 24 of the Hindu Marriage Act, 1955 (for short, "the Act" hereinafter) has been challenged by the petitioner.

(2.) Heard learned counsel for the parties, Carefully gone through the order impugned.

(3.) It is contended by the learned counsel for the petitioner that the respondent No.1 is the legally wedded wife of the petitioner, who filed an application against the petitioner under Sec. 125 Crimial P.C. before the Judicial Magistrate, Kotdi, district Bhilwara, seeking monthly allowance of maintenance, which came to be allowed and the petitioner was directed to pay Rs. 1000.00 per month as the monthly allowance of maintenance to the respondent-wife. Thereafter the petitioner filed an application under Sec. 13 of the Act seeking dissolution of marriage solemnized with the respondent No.1 before the respondent No.2 the District Judge, Bhilwara. During pendency of that proceeding, the respondent No.1 filed on application under Sec. 24 of the Act seeking interim maintenance and expenses for the proceedings, which came to be allowed Vide impugned order Annex.3 directing the petitioner to pay Rs.1000.00 per month as the interim maintenance to the respondent-wife.