- (1.)Whether a pre-existing order for payment of maintenance granted by the Chief Judicial Magistrate under Section 125 of Code of Criminal Procedure is a bar for maintaining an application under Section 24 of the Hindu Marriage Act is the question raised in this civil revision petition. The facts in outline:
(2.)The marriage between the petitioner and the respondent was solemnized on 6.11.2000 as per the Hindu Rites and customs. In the said wedlock a female child was born to the parties in the year 2001. The marriage life was cordial during the inception. However, crack developed in their married life on account of an alleged intimacy between the respondent and one Papathi. Though the petitioner suffered everything for a better tomorrow, the respondent was indifferent. Ultimately, the petitioner was constrained to leave the matrimonial home along with her daughter.
(3.)The petitioner filed an application for maintenance before the Chief Judicial Magistrate, Erode. The said maintenance petition filed under Section 125 Cr.P.C. was registered as M.C. No. 63 of 2006. The application was allowed by the learned Chief Judicial Magistrate as per order dated 29.7.2008 and the respondent was directed to pay a sum of Rs.1,000/- every month to the petitioner and a sum of Rs. 500/- to her daughter as maintenance.