November, 2018. While
making the demand, NHAI had not reimbursed or adjusted the maintenance
expenditure, incidental management expenditure and tolling operations
charges. Yet, they claimed ... from the de-linking
of 14.5 KM stretch cannot be claimed without adjustment of the amounts
due under CA. It cannot be accepted that there
present matter qua ad-
interim maintenance or in any other proceedings of the maintenance shall
be adjusted in the amount awarded by this order ... payment of
maintenance to his estranged wife and children. It goes without saying that
the payment of interim maintenance is always adjustable in the final
month towards the maintenance and the minor child is sufficient.
Accordingly, maintenance for the respondent/ wife and minor child is
assessed ... where
appropriate, adjust or set off the amount awarded in earlier proceedings.4
The Appellate Court's approach in adjusting the maintenance against
directed that the sums previously paid to Respondent No.1
as maintenance be adjusted against the future maintenance payable to the
daughter. The operative portion ... prayer for the maintenance of the daughter i.e. complainant
no.2. Accordingly, no order for maintenance is being made for the
complainant but since
that the interim maintenance so awarded would be subject to adjustment
against the maintenance awarded in any other parallel maintenance
proceedings.
2
"Impugned order ... interim maintenance already paid or allowed in this petition or
in any other regular maintenance in any other petition shall be subject to
adjustment. With
this case or in any other case towards
maintenance shall be adjusted.
13. Other reliefs sought in the interim application i.e. direction ... merits of the case. The amount paid towards
maintenance in other proceedings shall stand adjusted.
16. To come up before the Court for complainant
child is entitled for maintenance. Therefore, for the aforesaid
period between 2009 till 2016 the maintenance of Rs. 1 Lakh per
month granted ... amount paid towards maintenance to the
complainant/wife till date in any proceeding and in present matter
shall be adjusted towards the decreetal amount
petition. The respondent shall start paying the maintenance from 1.10.2020.
The arrears of maintenance shall be paid through bank draft/directly in the
account ... order dated 07.01.2019 while
deciding the interim maintenance already granted by any other court shall
also be adjusted.
27. File be consigned to Record room
Giving some provision to the parents
of the respondent, a monthly maintenance @ Rs.15,000/- (Rupees Fifteen
Thousand only) per month, is hereby granted ... present proceedings, shall stand adjusted
against the amount accrued under this order. The order of interim
maintenance already awarded to the petitioners is merged
directed to clear the arrears of the maintenance within 6 months from
today and adjustment / set off be made for the amount already paid ... clarified that the question of adjustment of any
amount already paid by the Petitioner towards maintenance shall be
examined and given effect
