receiving the interim maintenance by any order
passed by any competent court, the awarded maintenance allowance should
be adjusted with that amount. Meaning thereby ... order of any competent court that
amount should be adjusted in the awarded interim maintenance allowance.
Applicant filed a copy of order passed by this
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
amount of maintenance as aforesaid, the wife started recovery proceedings. The husband contended that the maintenance amounts should be adjusted against the interim alimony ... error. The amount awarded under Section 125 of the CrPC for maintenance was adjustable against the amount awarded in the matrimonial proceedings
orders in the Maintenance Case [MC].
Thus, the wife, having claimed maintenance in the MC is further claiming
interim maintenance in the matrimonial proceeding ... interim maintenance ought to have been awarded by the Court below
and that the maintenance awarded in the MC is adjustable against the interim
maintenance
orders in the Maintenance Case [MC].
Thus, the wife, having claimed maintenance in the MC is further claiming
interim maintenance in the matrimonial proceeding ... interim maintenance ought to have been awarded by the Court below
and that the maintenance awarded in the MC is adjustable against the interim
maintenance
pendentilite maintenance under Section 24 of Hindu
Marriage is adjustable with the amount of maintenance under Section
125 of the Code of Criminal Procedure. Learned ... maintenance granted under Section 125
Code of Criminal Procedure is adjustable with the pendentilite
maintenance awarded under Section 24 of the Hindu Marriage Act.
Moreover
getting by virtue of any other order to be adjusted against the
maintenance under impugned order.
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Downloaded ... amount awarded under Section 125 of
the Cr.P.C. for maintenance was adjustable against
the amount awarded in the matrimonial proceedings
interim maintenance.
4. The law is well settled that interim maintenance is
part of the final maintenance. Hence, the same is adjustable against
the final ... maintenance.
5. Accordingly, the impugned order is hereby set aside
and it is directed that the amount of interim maintenance shall be
adjustable against
awarded to wife
under Section 125 Cr.P.C. may be adjusted in maintenance awarded in
impugned order.
After going through file ... Therefore, just maintenance has been granted. If
petitioner claims for some adjustment in maintenance awarded by impugned
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wife/respondent from the date of
filing of petition subject to adjustment of maintenance, if any, awarded in any
other proceedings and subject to adjustment ... paid by him, is liable to be adjusted
in the awarded maintenance amount. It is trite law that marriage under Muslim
law is a kind
