Madhya Pradesh High Court
Mohit Jain vs Sonali Jain on 10 April, 2018
1
Cr.R. No.917/2017 (Mohit Jain vs. Sonali Jain)
High Court of Madhya Pradesh: Bench at Indore
Single Bench: Hon'ble Shri Justice S.K. Awasthi
Cr.R. No.917/2017
Mohit Jain
vs
Sonali Jain
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Applicant/Mohit Jain present in person.
Respondent/Sonali Jain present in person.
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ORDER
(Passed on 10/04/2018) This petition under Section 19(4) of Family Court Act read with Section 397 of the Code of Criminal Procedure, 1973 (for short "The Code") has been preferred against order dated 12/07/2016 passed by Additional Principal Judge, Family Court, Indore in H.M.A. Case No.987/2014, by which the applicant was directed to pay interim maintenance of Rs.1000/- to respondent Sonali Jain and Rs.500/- to Ashish Jain, son of the applicant and respondent u/S 24 of Hindu Marriage Act, 1955 (for brevity 'the Act') and also the order dated 12/04/2017, passed by the Second Additional Principal Judge, Family Court, Indore in case No.1690/2017.
2. Relevant facts, briefly stated, are that marriage between the applicant and the respondent was solemnized on 07/05/2013 as per hindu rites and customs. After marriage the respondent lived with the applicant at his resident situated at Indore. Ashish Jain is the son born out of the wedlock of the applicant and respondent. It is alleged by the respondent that applicant subjected her to cruelty and there was persistent demand of dowry, therefore, she was forced to leave her 2 Cr.R. No.917/2017 (Mohit Jain vs. Sonali Jain) matrimonial house and live with her parents. Thereafter, she lodged complaint against the applicant and his family members at Police Station Mahila Thana, Bhopal and on the basis of that report, case under Section 498(A), 506/34 of IPC read with Section 3/4 of Dowry Prohibition Act 1961 was registered.
03. Vide order dated 04/09/2015, the Principal Judge, Family Court, Bhopal directed the applicant to pay interim maintenance of Rs.2,500/- to respondent Sonali Jain and Rs.1500/- to their son Ashish Jain u/S 125 of 'the Code'. The applicant filed an application under Section 482 of Cr.P.C for quashing the F.I.R bearing crime No.249/2014, before High Court of Madhya Pradesh, Principal Seat at Jabalpur and the said F.I.R was quashed, vide order dated 06/02/2017, passed in M.Cr.C. No.16651/2015. The said order was challenged before the Hon'ble supreme Court, which came to be dismissed vide order dated 09/05/2017 passed in SLP No.3289/2017.
04. Thereafter applicant filed an application under Section 9 of 'the Act' for restitution of conjugal rights, however, respondent denied to reconciliation with the applicant. The respondent filed an application under Section 24 of C.P.C before this Court for transfer of the case from Indore to Bhopal, however the same was dismissed vide order dated 11/01/2016. Respondent filed an application under Section 24 of 'the Act' for claiming interim maintenance from the applicant before the Second Additional Principal Judge, Family Court, Indore the said application was allowed and the applicant was directed to pay maintenance of Rs.1000/- to respondent Sonali Jain and Rs.500/- to their son Ashish Jain vide order dated 12/07/2016, which is the subject matter of challenge.
05. Applicant has submitted that the respondent is a very qualified woman and before marriage, she was in service, whereas the 3 Cr.R. No.917/2017 (Mohit Jain vs. Sonali Jain) applicant is in private job and getting salary of Rs.6,500/- per month. It is further submitted that respondent Sonali Jain and son Ashish Jain are already getting Rs.4000/- as interim maintenance in the proceedings pending under Section 125 of 'the Code' and he is also directed to pay Rs.1500/- to the respondents for interim maintenance under Section 24 of 'the Act', therefore, it is prayed that the interim maintenance under Section 24 of 'the Act' may be set off with interim maintenance of Rs.4000/- per month granted under Section 125 of 'the Code', by the Additional Principal Judge, Family Court, Bhopal vide its order dated 04/09/2015.
06. Per contra, respondent opposed the prayer submitting that the Courts below, on proper evaluation, have rightly passed the impugned orders and prayed for rejection of this revision petition.
07. Heard both the parties and perused the record.
08. From the perusal of record, it is clear that respondent/wife has made an application under Section 125 of 'the Code' for getting maintenance from the applicant and the aforesaid application is pending before the Principal Judge, Family Court, Bhopal in which, by the order dated 04/09/2015 it was directed that the applicant to pay Rs.2500/- per month to respondent/wife and Rs.1500/- per month to her son Ashish Jain, total Rs.4000/- as interim maintenance from 19/11/2014, till the decision of the case.
09. Hon'ble apex Court in the case of Sudeep Choudhary vs. Radha Choudhary, (1997)11 SCC 286, held that the amount awarded under Section 125 of Cr.P.C for maintenance is adjustable against the amount awarded in matrimonial proceedings and is not to be given over and above the same.
10. Looking to the aforesaid legal position this Court is of the considered opinion that the amount paid by the applicant/husband to 4 Cr.R. No.917/2017 (Mohit Jain vs. Sonali Jain) respondent/wife as interim maintenance in pursuance of the order dated 12/07/2016 passed by the Additional Principal Judge, Family Court, Indore under Section 24 of 'the Act' is adjustable against amount payable under Section 125 of 'the Code' towards their maintenance in pursuance of the order dated 04/09/2015 passed by the Principal Judge, Family Court, Bhopal.
11. In the back drop of the aforesaid facts and circumstances of the case, this petition is allowed and the impugned order dated 12/04/2017 passed by the 2nd Additional Sessions Judge is hereby set aside and the trial Court is directed to adjust the amount of interim maintenance awarded to the respondents in pursuance of the order dated 12/07/2016 with the amount awarded under Section 125 of 'the Code' vide order dated 04/09/2015 passed by the Principal Judge, Family Court, Bhopal. This order will be subject to such orders as may be passed at the stage of final disposal of matrimonial proceedings.
No order as to costs.
Certified copy as per rules.
(S.K. Awasthi) Judge sumathi Digitally signed by Sumati Jagadeesan Date: 2018.04.10 14:39:35 +05'30'