ORDER
By way of this petition the petitioner has challenged the order passed by the Family Court whereby the Family Court has rejected the application under Section 24 for pendente lite maintenance but has granted litigation expenses.
2. The Family Court has rejected the the prayer for grant of pendente lite maintenance on the ground that the petitioner has already been awarded maintenance to the tune of Rs.10,000/- per month in proceedings under the Domestic Violence Act vide order dated 27.06.2024.
3. The counsel for the petitioner has argued that the salary of the respondent is about Rs.1.03 Lakh and therefore, the Family Court ought to have awarded some more amount towards pendente lite maintenance.
4. In the opinion of this Court, the Family court has looked into the matter for the purpose of pendente lite maintenance and for the purpose of provision of Section 24 Family Court deemed it appropriate not the award
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(VIVEK JAIN)
JUDGE
any other maintenance apart from Rs.10,000/- per month which the petitioner is already receiving in proceedings under Domestic Violence Act. This Court does not find any error in the impugned order passed by the Family Court whereby the Family Court was only decided the application for pendente lite maintenance under Section 24 of Hindu Marriage Act.
5. If the petitioner feels that looking to income of the respondent- husband the maintenance awarded to her is insufficient, then she is at liberty to institute proceedings under Section 125 Cr.P.C. or corresponding provisions of Section 144 of BNSS, 2023. However the proceedings for restitution of conjugal rights cannot be allowed to be converted into full fledged maintenance proceedings.
6. The petition fails and is dismissed with aforesaid liberty. nks
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