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Supreme Court of India · body

2001 DIGILAW 25 (SC)

Sanjay Chopra v. Shyama Chopra

2001-01-05

S.P.BHARUCHA, Y.K.SABHARWAL

body2001
ORDER Leave granted. 2. The appellant is the husband and the respondent is the wife. The husband was directed to pay, under Section 125 of the Code of Criminal Procedure, maintenance to the wife and the child of the marriage in the sums of Rs. 300/- and Rs. 400/- respectively. Thereafter, by the order under challenge, the High Court directed the husband to pay maintenance, under Section 24 of the Hindu Marriage Act, in the sums of Rs. 1.000/- and Rs. 800/- respectively. It is the submission on behalf of the husband that the amounts of maintenance granted under Section 125, as aforestated, should be adjusted against the maintenance granted under Section 24 by the impugned order. This is, fairly, not disputed. 3. Accordingly, the order of the High Court is modified to the aforesaid extent. The effect will be that the husband will now only be liable to pay maintenance to the wife and the child in the sums of Rs.1,000/- and Rs.800/- respectively. 4. It is stated on behalf of the husband that he shall not write any letter to any employer of the wife which makes any allegation of any kind whatsoever. 5. There are arrears of maintenance. Such arrears shall be paid up within three months from today. 6. The appeal is allowed to the aforestated extent. No order as to costs. Appeal allowed. ************** Parallel Citations of other Journals : Sanjay Chopra v. Shyama Chopra, 2001(4) Supreme 331 : 2001 (1) DMC 50 : 2001 (1) HLR 481 00023