Crl.Misc. No.M-1468 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-1468 of 2009 Date of Decision: 27 - 4 - 2009 Chhinderpal Kaur and another .....Petitioners v. Major Singh .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.D.D.Bansal, Advocate for the petitioners. Mr.R.S.Rangpuri, Advocate for the respondent. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Chhinderpal Kaur was married with Major Singh. Chhinderpal Kaur had given birth to Karamjit Singh during subsistence of marriage. Case of the petitioners is that Chhinderpal Kaur along with her son was turned out of the matrimonial home by Major Singh husband. She instituted an application under Section 125 Cr.P.C. for awarding maintenance. Additional, Chief Judicial Magistrate, Bathinda awarded Rs.500/- p.m. as maintenance to Chhinderpal Kaur petitioner-wife and Rs.400/- p.m. to minor son Karamjit Singh. Major Singh aggrieved against the order of compensation had preferred a revision in the Court of Sessions Judge, Bathinda and aggrieved- Crl.Misc. No.M-1468 of 2009 [2] wife had also approached the revisional Court for enhancement of compensation. Sessions Judge, Bathinda upheld the order passed by Additional Chief Judicial Magistrate, Bathinda and had dismissed both the revision petitions. Counsel for the petitioners has stated before me that Major Singh husband had filed a divorce petition which was dismissed. Aggrieved against the same, he had instituted an appeal bearing FAO No.200-M of 2006. It has been jointly stated that under Section 24 of the Hindu Marriage Act, the matrimonial Court has awarded Rs.1200/- as maintenance to both the petitioners. Mr.D.D.Bansal appearing for the petitioners has stated that the maintenance awarded by the matrimonial Court shall only subsist during the pendency of the appeal. Thereafter, the order passed by this Court under Section 125 Cr.P.C. has to prevail. Counsel for the parties are also in agreement that the maintenance awarded by the matrimonial Court be determined as maintenance to be awarded in the present proceedings. Accordingly, the maintenance of Rs.1200/- p.m. is awarded in favour of the petitioners from the date of filing of the present petition. The amount already received will be adjusted. The amount paid as maintenance, under the orders of the matrimonial Court is subject to adjustment and set off in accordance with provisions of law. The present petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) April 27, 2009. JUDGE RC