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Judgment
I.S. Tiwana, J.—The Petitioner, who has initiated proceedings against his wife-Respondent No. 1 u/s 9 of the Hindu Marriage Act in a Court at Patiala, wants the stay of the proceedings launched by her u/s 125 of the Code of Criminal Procedure at Khanna, for herself and on her behalf of her minor child Amit Kumar-Respondent No. 2. In support of his stand the learned Counsel places reliance on a judgment of this Court reported as Om Parkash v. Smt. Jai Devi 1977 P. L. J. Cr. 54., I, however, find that not only that there is a chain of authorities, such as: Dr. Rameshchandra Shambhubhai Yadav v. Dhira Jgavri W/o Dr. Rameshchandra Shambhubhai 1982 H. L. R. 465., Vedapalli Sathyavathi v. V. V. S. N. Raju 1979 Cri. L. J. NOC 114., Velukutty v. Prasanna Kumari 1986 (1) H. L. R. 109., and Prem Nath Sarvan v. Prem Lata Sarvan (1987) 91 P. L. R. D. 24. wherein a contrary view has been taken, but also for the reason that the scope of the two inquiries under the above noted sections is entirely different he is not entitled to relief prayed for. The grant of maintenance pendent lite u/s 24 of the Hindu Marriage Act cannot possibly thwart the claim of the Respondent-wife u/s 125 of the Code of Criminal Procedure, which settles the matter finally. Moreover, in the instant case no maintenance has concededly been allowed in favour of the minor child by the Court at Patiala.
For the reasons recorded above, I find no merit in this petition and the same is thus dismissed.