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
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
Adoption and Maintenance Act, 1956, is filed by the
wife. The maintenance allowance granted by the Civil
Court ought to be adjusted towards the amount ... that maintenance allowance granted in one proceedings
needs to be adjusted in the maintenance allowance
granted in other proceedings. The adjustment of such
allowance will
teacher. She has, however,
claimed the maintenance for the child. No maintenance
allowance to the child can be granted under Sections ... eing a qualified
Doctor and does not work. The petitioner claimed
maintenance ........................... adjustment of
the maintenance being received by her under section
125. Since counsel
wherein it was
e
directed to adjustment the maintenance granted and received to the
ad
petitioner/wife prior to the date of divorce.
Pr
Briefly ... 2013 and 10/03/2016.
Therefore, it would be improper to adjust the maintenance already
granted to her in earlier orders. If this amount
Criminal MA No. 108 of
2009 with a direction to adjust the amount of maintenance
granted by CJSD in Marriage Petition ... amount awarded under section 125 of the
Cr.P.C. for maintenance was adjustable against the
amount awarded in the matrimonial proceedings
earlier amount of maintenance has to be adjusted.
Maintenance cannot be awarded under Section 23 of the
Act, in addition to any amount that ... categorically held that any amount of maintenance that had
already been received by the wife has to be adjusted or set-
off.
14. That
appellate Court quantified the maintenance of Rs.10,000/-
and adjusted the maintenance of Rs.4,000/- granted to her in
the Hindu Marriage Petition ... settled that such an amount of maintenance
shall be adjusted. It appears that in the absence of any
documentary evidence and the fixed income
monthly maintenance of Rs.3000/- granted to the applicant
be adjusted to the maintenance amount already awarded
3
to her earlier under Section ... proceeding must be taken note of and such
amount is adjustable in the maintenance amount awarded
under the different enactments. Learned Judicial
Magistrate First Class