respondent can claim maintenance which is on the
higher side and maintenance on lower side is to be adjusted therein. The
maintenance awarded under Section ... under which maintenance is awarded,
do not intend double payment of maintenance. The amount of
maintenance awarded under one provision shall be adjusted
salary of the respondent from
Indian Navy is to be adjusted against maintenance
pendente lite @ Rs.30,000/- p.m."
It is also ... date of the application i.e.
15.07.2015 and therefore, even the adjustment qua
maintenance under Section 125 Cr.P.C. and family
maintenance that
Section 125 of the Cr.P.C. is to be adjusted while
considering maintenance in other proceedings i.e. proceedings under
Section ... present amount of
maintenance. It shows that the learned Judge has adjusted the
maintenance awarded under Section 125 of the Cr.P.C. while awarding
amount awarded under Section 125 of the Cr.P.C. for
maintenance was adjustable against the amount awarded in the
matrimonial proceedings ... proceedings under Section 125 Cr.P.C. shall be adjustable against
the maintenance pendente lite awarded by the learned Additional District
Judge vide impugned order
subsequent order passed by the Civil Court
by adjusting the amount of maintenance already granted had been
sought. According to him, the impugned order ... brought to the notice of the
Civil Court for adjusting the amount of maintenance that was
directed to be paid in the Hindu Marriage Petition
month and the said amount
of maintenance needs to be adjusted with the maintenance to be given to the wife
in connection with an application ... alimony paid by the husband to the wife is adjusted
with the amount of maintenance to be paid in connection with this case.
Having heard
Cc No. 17/2010 Cbi vs . Mohan Lal Goyal Page 1 Of 96 on 30
payable to the wife towards maintenance has to be
adjusted from maintenance awarded under Section 24
of the Hindu Marriage Act. Similarly in Santosh
Malhotra ... addition to earlier interim maintenance, therefore, the
same cannot be adjusted against maintenance paid
under Section 125 Cr. P.C. Since final order of
maintenance
appellate Court vide impugned order 03.08.2013 ordered for
adjustment of that amount of maintenance awarded to the wife
and the child in the instant proceedings ... after deducting half
share of the child in the maintenance amount, the share of
maintenance of the respondent individually comes to Rs.1400/-
per month
same ought to
be adjusted with the order of maintenance passed in favour of the
opposite party/wife.
In view of the fact that ... opposite party/wife, there cannot be any
question of adjustment of maintenance paid in such civil proceeding to
the son qua the opposite party/wife
