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
that the amount awarded under Section 125
Cr.P.C for maintenance is adjustable against the amount
awarded in the matrimonial proceedings.
9. The challenge ... towards maintenance in other proceedings
was liable to be adjusted towards the amount of maintenance
ordered to be paid
amounts of maintenance granted in two
proceedings, the total maintenance being paid to the wife as interim
maintenance is much below ... adjustment' or 'adjustable' being made applicable, I
do not find that the impugned order granting interim maintenance of
khs/DEC.2018/13468
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
life, not for the purpose of adjusting the rent. In case
if she is adjusted the maintenance amount to the rent
how can she lead ... Further it is
pertain to note that, it cannot possible to adjust the
maintenance amount towards the rent. Under such
circumstances, the petitioner
petition, will have to be adjusted. In that case, it
would not be a case of arrears of maintenance, and therefore,
the condition laid down ... Lacs was not
paid towards the arrears of maintenance. Adjustment of the
amount could be allowed if it was paid towards the arrears of
maintenance
amount awarded
under Section 125 of Cr.P.C for maintenance is adjustable against the
amount awarded in matrimonial proceedings ... aside and the trial Court is directed to adjust the amount of interim
maintenance awarded to the respondents in pursuance of the order
dated
respondent no.1 illegally sought to adjust the said
amount of Rs.26,76,299/- from the monthly maintenance of the
petitioner. He submits that
passed by
the Courts below and issuing the direction for adjusted the
awarded interim maintenance under Section 125 of the Cr.P.c.
2. According ... seeking interim
maintenance from the petitioner. The learned Judge
allowed the application for interim maintenance and
awarded Rs.1,500/- as interim maintenance
application the applicant deserves to be granted
an adjustment of amount of maintenance ordered under
section 127 of the Criminal Procedure Code and section ... under the
Hindu Marriage Act is required to be adjusted in the
maintenance payable under the Criminal Procedure Code .
Apart from above, the amount
