Karuna Nand Bajpayee, J. - (1.) This application u/s 482 of Cr.P.C. has been moved seeking the quashing of impugned order dated 29.11.2018 passed by the Principal Judge, Family Court, Azamgarh in Case No.787 of 2016 (Smt. Shashikala Yadav vs. Amarnath Yadav) u/s 125 of Cr.P.C., Police Station-Tahbarpur, District-Azamgarh, whereby Rs.1500/- per month has been awarded to the wife- opposite party no.2 as interim maintenance.
(2.) Heard learned counsel for the applicant.
(3.) Submission of learned counsel for the applicant is that the allegedly neglected wife has already availed remedy under Section 24 of the Hindu Marriage Act and she is already getting Rs.2,000/- per month as interim maintenance amount. In that view of the matter, the fixation of the interim maintenance amount in the present proceedings, which are going on under Section 125 Cr.P.C., is bad in the eyes of law. In this regard reference was given by the counsel to the case of Patna Improvement Trust vs. Lakshmi Devi, 1963 AIR(SC) 1077. It has also been submitted by the counsel that the factum of the relief which has already been granted under Section 24 of the Hindu Marriage Act was never considered by the court below while fixing the amount of interim maintenance in the present case.;