( 1 ) ORDER passed in I. A. No. 98 of 1995 in O. P. No. 57 of 1994 dated 1-3-1996 by the Principal Subordinate Judge, Tirupati is the subject matter of challenge in this Civil Revision Petition.

( 2 ) PETITIONER is the husband who filed O. P. No. 57 of 1994 under Section 9 of hindu Marriage Act against the respondent-wife, for restitution of conjugal rights. The respondent-wife on appearance in the said O. P. , filed I. A. No. 98 of 1995 under Section 24 of the Hindu Marriage Act seeking interim maintenance as well as litigation charges. On hearing both the parties, the Lower Court awarded an amount of Rs. 500/- per month with effect from30-1-1995 to be paid towards interim maintenance and also further awarded an amount of rs. 1,500/- towards litigation charges, against which the present CRP is filed by the husband.

( 3 ) SRI A. T. M. Rangaramanujam, counsel for the petitioner states that the respondent-wife had earlier filed M. C. No. 25 of 1994 in the Munsif Magistrate court, Tirupati under Section 125 of Cr. P. C. seeking maintenance. On contest, the Court by an order dated 19-2-1996 (sic.) awarded Rs. 400/- as maintenance to the respondent-wife and Rs. 300/- to the child. Counsel further states, having obtained an order in M. C. No. 25 of 1994 on 19-2-1996 (sic.), the respondent-wife ought not to have suppressed this fact to the Lower Court and the Lower Court ought to have taken notice of the award of maintenance by the competent criminal Court granted in M. C. No. 25 of 1994, and rejected the application which was filed under Section 24 of the Hindu Marriage Act. Counsel also contends that when a competent criminal Court awards maintenance to the respondent-wife in MC No. 25 of 1994 under Section 125 of Cr. P. C. , awarding further maintenance by the Civil Court on an application filed under Section 24 of the Hindu Marriage Act is not warranted and therefore states that granting of interim maintenance to the respondent-wife under Section 24 of the Hindu marriage Act has to be set aside.

( 4 ) SRI P. S. Narayana, counsel for the respondent-wife on the contrary submits that the provisions under Section 24 of the Hindu Marriage Act are to be construed independently and the Civil Court is within its competence to award interim maintenance to the respondent-wife without regard to the grant of compensation under Section 125 of Cr. P. C. In support of his contention, the counsel relied on a decision in Varada Kota Satyanarayana vs. Varada Parvathi. Counsel further submits that the order of the Civil Court prevails over the order of the Criminal Court on maintenance granted to the wife.

( 5 ) IN the wake of the rival contentions and in the light of the provisions contemplated under Section 125 of Cr. P. C. and under Section 24 of the Hindu marriage Act, what is to be seen in this case is whether the powers vested in the civil Court under Section 24 of the Hindu Marriage Act, the Civil Court is competent to grant interim maintenance pending litigation in the wake of the maintenance granted by the Criminal Court under Section 125 of Cr. P. C. ?

( 6 ) IN this case, it may be true that the respondent-wife has obtained maintenance under Section 125 of Cr. P. C. from a competent Civil (sic. Criminal) court. The provision under Section 125 of Cr. P. C. itself is a measure to rehabilitate a person in destitution till permanent maintenance is obtained from a competent Civil Court. The petitioner-husband has filed O. P. No. 57 of 1994 under Section 9 of Hindu Marriage Act for restitution of conjugal rights. On notice, the respondent-wife has made application under Section-24 of Hindu marriage Act. Section 24 of the Hindu Marriage Act reads as under:"where in any proceeding under this Act, it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the res

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