Court No. - 29
Case :- MATTERS UNDER ARTICLE 227 No. - 7990 of 2018 Petitioner :- Devraj Singh Respondent :- Smt. Babli Devi Counsel for Petitioner :- Mithilesh Kumar Tiwari
Hon'ble Pankaj Mithal,J.
Heard learned counsel for the petitioner.
The petitioner who is a husband has preferred this petition against the order dated 23.7.2018 passed by the Family Court deciding application of the respondent wife under Section 24 of the Hindu Marriage Act, 1955 by which pendente lite maintenance of Rs. 2,500/- per month has been allowed.
The submission of learned counsel for the petitioner is that the respondent wife is already getting maintenance of Rs. 11,500/- per month in proceedings under Section 125 Cr.P.C. In view of the said maintenance she is not entitle to any further maintenance under Section 24 Cr.P.C.
A bare perusal of the impugned order reveals that no such contention was raised by the petitioner before the Family Court and there is no consideration on the above aspect of the matter.
In view of the aforesaid facts and circumstances, the petition is disposed of with liberty to the petitioner to move an application before the Family Court for recall of the impugned order if so advised on the basis of any order which may have been passed in proceedings under Section 125 Cr.P.C, granting maintenance to the respondent wife. In case any such application is filed, the Family Court shall consider it in accordance with law most expeditiously preferably within a period of three months.
The writ petition is disposed of.
Order Date :- 27.10.2018 SKS