JUDGMENT

S. A. BOBDE, J.

1. Leave granted.

2. This appeal has been preferred by a wife and a minor daughter. The Family Court directed payment of interim maintenance to wife and minor daughter @ Rs. 6,000/-per month under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’). Interim maintenance was also ordered under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as the ‘H.M. Act’) @ 3,000/-per month payable to both. Eventually, the Family Court disposed the maintenance proceedings finally by the Order dated 31.01.2009. By this Order the Family Court granted maintenance in favour of daughter @ Rs. 5,000/-per month from the date of judgment. The Family Court, however, took the view that the appellant – wife would not be entitled to receive any amount more than the interim maintenance which she is receiving under the H.M. Act.

3. On the Appellant’s application for maintenance made for herself and her children, the Family Court granted maintenance in the sum of Rs 5,000/-only to her daughter under Section 125 Cr.P.C. The son was living with the father who was maintaining him and was therefore not granted maintenance. The m