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
regards the maintenance
awarded under different Acts and as to whether maintenance
awarded in subsequent proceedings is subject to maintenance
awarded in previous proceedings ... maintenance proceeding, the applicant shall disclose the
previous maintenance proceeding, and the orders passed
therein, so that the Court would take into consideration the
maintenance
facto
complainant towards maintenance which has to be adjusted against any
maintenance order that would have passed by any court .
6. Having regard ... only) each month to the de facto complainant as interim
maintenance to be adjusted against any order for payment of
maintenance by any court
Considering the requirement of the son, the maintenance amount is adjusted
and maintenance to the wife is reduced to Rs.8,000/- per month ... enhanced to Rs.5,000/- per month.
With above adjustment of the maintenance amount, the present criminal
revision stands disposed of.
(Rajesh Kumar, J.)
Shahid
determining the quantum of maintenance, the date from which
maintenance is to be awarded, and enforcement of orders of
maintenance.
....................................................
....................................................
Directions on overlapping jurisdictions ... filing of application for
maintenance before the trial court. However it is clarified that this
maintenance amount is adjustable with the maintenance amount paid
before
doing.
35. Admittedly, the respondents have been in arrears of payment of
maintenance. Though the learned counsel for the respondents submitted
that it was only ... 25th May, 2021, that the advance rent paid may
be adjusted towards maintenance, it appears that all the arrears have been
paid. It is also
maintenance in both the proceedings and the amount of maintenance granted under Section 125 Cr.P.C. to the wife was liable to be adjusted ... maintenance proceeding, the applicant shall disclose the previous maintenance proceeding, and the orders passed therein, so that the Court would take into consideration the maintenance
wife/opposite party No.1 cannot be adjusted with final order of
maintenance passed in a proceeding under Section 125 of the Code of
Criminal ... maintenance proceeding, the
applicant shall disclose the previous maintenance proceeding,
and the orders passed therein, so that the Court would take into
consideration the maintenance
said amount is deposited
by the petitioner, the same will be adjusted towards maintenance in
any proceeding between the parties in future or the final
petitioner deposits the ad interim victim
compensation, the same shall be adjusted towards maintenance and
one time settlement if and when the same takes place
