CM-3523-CII of 2014 in/and FAO No.M-80 of 2014 {1} IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-3523-CII of 2014 in/and FAO No.M-80 of 2014 Date of decision:24.02.2014 Daljeet Singh .....Appellant Versus Jagir Kaur .....Respondent CORAM: HON'BLE Mr.JUSTICE S.S.SARON HON'BLE Ms.JUSTICE NAVITA SINGH Present: Mr.R.K.Arya, Advocate, for the appellant S.S.SARON, J.
Heard counsel for the appellant.
Appeal has been filed by the appellant-husband against the order dated 3.12.2013 passed by Additional District Judge, Amritsar, whereby on an application under Section 24 of the Hindu Marriage Act, 1955 (`Act' for short).maintenance pendente lite has been granted to the respondent-wife of Rs.5000/- per month, besides Rs.10,000/- as litigation expenses.
Leaned counsel for the appellant has contended that in fact the appellant is to pay an amount of Rs.5000/- per month in terms of the order st dated 3.1.2012 passed by learned Judicial Magistrate 1 Class, Amritsar, in proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
Therefore, fixing of maintenance in proceedings for divorce Singh Ishwar 2014.02.25 02:38 I attest to the accuracy of this order High Court Chandigarh CM-3523-CII of 2014 in/and FAO No.M-80 of 2014 {2} under the Act, is not sustainable.
We have given our thoughtful consideration to the matter.
It may be noticed that order dated 3.1.2012 passed by learned st Judicial Magistrate 1 Class, Amritsar, fixing the interim maintenance of Rs.5000/- per month in proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005, was not brought to the notice of the learned Additional District Judge, Amritsar, when order dated 3.12.2013 was passed.
The appellant, in the circumstances, if so advised, may file an appliaction for review of the order dated 3.12.2013 passed by Additional District Judge, Amritsar, and in case such application is filed, learned Additional District Judge shall duly consider the same in accordance with law.
It shall consider as to whether the maintenance is liable to be paid in both proceedings or only in one of both.
With the above said observation, the appeal is disposed of with liberty to the appellant to file a review application.
(S.S.SARON) JUDGE (NAVITA SINGH) JUDGE2402.2014 ishwar Singh Ishwar 2014.02.25 02:38 I attest to the accuracy of this order High Court Chandigarh