Mrs. Poonam Srivastav, J.— Heard learned counsel appealing on behalf of the writ petitioner, who is the husband of the opposite party.

2. A petition under Section 22 of the Special Marriage Act was preferred by the petitioner against the wife for restitution of conjugal rights. On receipt of notice wife preferred an application under Section 36 of the aforesaid Act claiming pendente lite maintenance and the cost of the suit. The Court by means of the impugned order awarded Rs.4,000 per month as maintenance pendente lite.

3. The submission of the learned counsel is that she claimed maintenance under the Domestic Violence Act in Allahabad where she is residing and by means of Annexure-3 she was awarded interim maintenance vide order dated 21.11.2008 to the tune of Rs. 1,000 to the claimant and Rs. 1,000 to her son.

4. When this fact was brought to the notice of the Principal Judge. Family Court. Jamshedpur, an order was passed to stay the payment of maintenance awarded under the Domestic Violence Act vide order dated 17.12.2008 in Complaint Case No. 564 of 2008.

5. In the circumstances. evidently the opposite party is not getting maintenance on the basis of two different orders.