Om Parkash vs Chander Wati @ Chanderpali

G.R. Majithia, J.—This revision petition is directed against the order of the Matrimonial Court passed on a petition filed by the wife u/s 24 of the Hindu Marriage Act (for brevity the Act),

The wife filed a petition u/s 9 of the Hindu Marriage Act against the husband. She also filed an application u/s 24 of the Hindu Marriage Act for fixing interim maintenance for her and her three children aged 8, 5 and 3 years. The Matrimonial Court on appraisal of the material placed before it fixed maintenance pendente lite @ Rs. 500/-per month and assessed litigation expenses at Rs. 1000/-.

The husband has come up in revision petition against the order of the Matrimonial Court and the counsel made two submissions, namely, (i) maintenance pendente lite ought not to have been fixed since the wife had already filed an application u/s 125 of the Code of Criminal Procedure (ii) no proceedings under the Act were pending before the Matrimonial Court.

These submissions are devoid of any force. The filing of the petition u/s 125 of the Code of Criminal Procedure does not debar the Matrimonial Court, from fixing maintenance pendente lite u/s 24 of the Act. If the Court fixes maintenance u/s 125 of the Code of Criminal Procedure, the husband will be entitled to claim adjustment for the maintenance paid pendente lite u/s 24 of the Act. The order passed by the Matrimonial Court u/s 24 of the Act cannot be rendered negatory because no proceeding under the Act was pending. The order u/s 24 of the Act can be enforced like a decree.

On merits, I have gone through the order of the Matrimonial Court. The maintenance fixed pendente lite and the litigation expenses assessed appear to be just and fair and call for no interference. Revision petition is accordingly dismissed with no order as to costs.