1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. WRIT PETITION NO.3544 OF 2008. Manojkumar Natwarlal Shah ..vs.. Sau.Pratibha Manojkumar Shah -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. Mr.B.N.Mohta & G.B.Lohiya,Adv. for the petitioner. Mr.C.A.Joshi, Adv. for the respondent. Coram: J.H.BHATIA,J. Dated : 24th March, 2009. 1. Heard the learned counsel for the parties. 2. The respondent is the wife of the petitioner. She had filed marriage petition before Civil Judge (Sr.Dn.), Niphad which has been dismissed. The present petitioner has filed H.M.P. No.41 of 1998 in the court of Civil Judge (Sr.Dn.), Akola for divorce and that matter is still pending. 2. The respondent – wife had filed an application for maintenance before the Judicial Magistrate (FC) Niphad. She was granted maintenance 2 at the rate of Rs.500/- per month. She also filed an application under Section 24 of the Hindu Marriage Act before the Civil Judge (SD) Akola in HMP No.41 of 1998. Initially she was granted maintenance at the rate of Rs.300/- per month. That order was challenged and finally the High Court remanded the matter back and by the impugned order dated 31/3/2008 the Civil Judge (SD), after hearing of the parties, directed the petitioner to pay interim maintenance at the rate of Rs.1000/- per month from the date of application till the decision of the main petition. He was also directed to pay amount of Rs.2000/- to the respondent towards litigation expenses. This order is challenged by the husband in the present petition. 3. After hearing the learned counsel for the parties at some length, I find that for the reasons given in the application, it is difficult to disturb the order of maintenance passed by Civil judge (SD) and amount of Rs.1000/- cannot be called to be excessive. However, it should be made clear that she is not entitled to get maintenance twice; one as per the order of Magistrate and another as per the order of Civil Judge (Sr.Dn.). 3 The civil court found that she is entitled to maintenance at the rate of Rs.1000/- per month. As she is already getting amount of Rs.500/- as per the order passed by the Magistrate under Section 125 of Cr.P.Code, that amount will have to be adjusted against the maintenance granted under Section 24 of the Hindu Marriage Act. With these clarification, the writ petition stands disposed of. The amount of Rs.5000/- deposited in the court by the petitioner towards the provisional cost shall be allowed to be withdrawn by the respondent. As the marriage petition is pending for last about 11 years, the trial court shall expedite the hearing and dispose of the same as early as possible and preferably within six months. JUDGE. Chute 4