Heard Sri S.K.M. Tripathi, learned counsel for the petitioner.
Petitioner has invoked the writ jurisdiction of this court challenging the order dated 15.3.2012 passed by the Additional Civil Judge (Senior Division), Ghaziabad on an application under Section 24 of the Hindu Marriage Act, 1956 fixing maintenance pendente lite divorce petition @ Rs.2,000/- per month.
The submission of learned counsel for the petitioner is that in proceedings under Section 125 Cr.P.C. already an amount of Rs.1500/- per month had been fixed and under an interim order of this court dated 11.7.2007 maintenance @ Rs.750/- per month is being paid to the respondent. He further submits that the petitioner has no independent source of income and therefore fixation of maintenance @ Rs.2,000/- per month is excessive.
The matter of fixation of maintenance is totally factual and is dependent upon the facts and the evidence of the case. The finding recorded in this regard cannot be interfered with in exercise of extraordinary writ jurisdiction but the respondent is not entitle for maintenance from two different forums. Accordingly, it is clarified that the respondent would be entitle to a maximum monthly maintenance of Rs.2,000/- per month and therefore, if any, amount under Section 125 Cr.P.C. is being paid that has to be adjusted.
In view of the aforesaid facts and circumstances, no case for interfering under writ jurisdiction is made out.
Learned counsel for the petitioner insisted that a suitable direction be issued to the court below for deciding the divorce petition expeditiously.
Since it is a matrimonial matter it needs to be decided at the earliest.
The writ petition is accordingly dismissed but with the direction to Additional Civil Judge (Senior Division), Court No.4, Ghaziabad to decide the divorce petition No.734 of 2007 (Smt. Moni Vs. Anil) as expeditiously as possible preferably within a period of six months from the date of the production of the certified copy of this order provided there is no legal impediment.
Order Date :- 19.7.2012 piyush