Mr. Rajiv Narain Raina, J.: (Oral) - As per office note, notice issued to sole respondent has been received back duly served. No one appears on behalf of respondent. Respondent is proceeded against ex parte.

Heard Mr. Sidhu.

2. Only a short legal point is involved in this case which is covered by precedent of this Court in favour of the petitioner. This petition arises out of the order dated August 17, 2016 passed by the learned Additional District Judge, Kurukshetra, (Family Court) in a divorce petition filed by the respondent in HMA Case No.71 of 2015 case titled as Sanjay @ Sanju vs. Alka @ Prachi. The Kurukshetra Court has dismissed the application filed under Section 24 of Hindu Marriage Act, 1955 by the petitioner for the reason that the respondent-wife was already in receipt of maintenance allowance @ Rs. 7,000/- per month from the petitioner-husband granted in a petition under Section 125 Cr.P.C. While dismissing the application, the Court below has awarded a sum of Rs. 5500/- in lump sum as litigation expenses alone and refused to pass orders on the main prayer for interim maintenance.

3. The view taken by the learned Additional District Judge, Kurukshetra, cannot be