that the amount of the maintenance granted need not to be adjusted as maintenance is properly granted in both the proceedings after considering the totality ... grant of maintenance made, this Court found that amount of maintenance granted under Section 125 Cr.P.C. should be adjusted while considering the question
adjustment is permissible and the
adjustment can be allowed of the lower amount
against the higher amount. Though the wife can
simultaneously claim maintenance under ... maintenance in the
matrimonial proceeding against the maintenance
payable under section 125 of Cr.P.C. The Court
held that double payment of maintenance
Ramesh Chancier 's case (supra), no question of any adjustment of maintenance pendente Ute under Section 24 of the Hindu Marriage Act against ... towards maintenance in the matrimonial proceeding against the maintenance payable under Section 125, Cr.P.C. The Court held that double payment of maintenance
respondent-wife from the sale of the
property be adjusted towards maintenance from the date of separation
of the parties, i.e., April 2019, instead ... from claiming
maintenance; (iii) if the respondent-wife is held entitled to
maintenance, what would be the appropriate quantum of interim
maintenance payable
payments of maintenance, as the nature and
circumstances of the case may require.”
(emphasis supplied)
Section 20(1)(d) provides that maintenance granted under ... proceeding is distinct
and independent of the other, maintenance granted in one proceeding cannot be
adjusted or set-off in the other. For instance
amount of maintenance as aforesaid, the wife started recovery proceedings. The husband contended that the maintenance amounts should be adjusted against the interim alimony ... amount awarded under Section 125 of the Cr.P.C. for maintenance was adjustable against the amount awarded in the matrimonial proceedings
amount of maintenance as aforesaid, the wife
started recovery proceedings. The husband
contended that the maintenance amounts
should be adjusted against the interim
alimony ... maintenance which is higher
amongst the two, meaning thereby if the
amount of maintenance granted in connection
with matrimonial suit and the amount of
maintenance
adjustment is permissible and the adjustment can be
allowed of the lower amount against the higher amount.
Though the wife can simultaneously claim maintenance
under ... maintenance awarded, the
wife initiated recovery proceedings. The Supreme Court held that
the maintenance awarded under Section 125 Cr.P.C. must be
adjusted against
adjustment is
permissible and the adjustment can be allowed of the lower amount
against the higher amount. Though the wife can simultaneously
claim maintenance under ... liable
to pay maintenance/interim maintenance awarded under each of
the said provisions independently and cannot be permitted to seek
adjustment of the amount
getting Rs.2,500/- per month as interim maintenance. Learned
Family Court not adjusted that amount in the maintenance
allowance. Learned counsel further submits that ... interim
maintenance or as a maintenance under DV Act , that amount be
adjusted in the awarded amount of Rs.5,000/- in favour of
respondent
