JUDGMENT

M. L. Jain, J. - The parties were married on 20.2.1980. Their marriage was dissolved by the Addl. District Judge on 6.1.1982. The wife was granted under Section 2S of the Hindu Marriage Act, 1955 (the Act a monthly maintenance of Rs. 200/- per month with effect from 21.11.1981. In spite of this order, the learned Metropolitan Magistrate, in a petition under Section 125 of the Code of Criminal Procedure 19/3 (the code) by his order dated 1.7.1982 granted maintenance at the rate of Rs. 300/- per month with effect from 20.11.80. It was submitted before the learned Magistrate that he could not make the order of maintenance because a competent civil court has already adjudicated the matter and has granted maintenance to the wife. The learned Magistrate rejected this argument. On appeal, the learned Addl. Sessions Judge in his order dated P .11 1982 agreed with the submission of the husband that after the permanent alimony has been fixed by the civil court under the Act, the proceedings under Section 125 of the Code cannot be initiated nor can Any maintenance be fixed. He, however, thought that the question did not call for any serious examination in this case and he resolved th