Kunal Bagarhatta S/o Shri Om Prakash Bagarhatta v. Shipra Sharma (Bagarhatta), W/o Kunal Bagarhatta And D/o Surendra Kumar Sharma
2018-02-14
G.R.MOOLCHANDANI, PRADEEP NANDRAJOG
body2018
DigiLaw.ai
ORDER : 1. Heard learned counsel for the parties. 2. By a composite order dated 05.05.2017 the learned Judge, Family Court has granted maintenance in sum of Rs. 25,000/- per month to the wife under Section 125 Cr.P.C. and pending final disposal of the application under Section 24 of the Hindu Marriage Act, 1955, a pro tem interim maintenance of Rs. 25,000/- per month. 3. The grievance of the appellant is of no direction being issued that the amount paid under Section 125 Cr.P.C. shall be adjusted against the pro tem interim maintenance awarded pending consideration of the application under Section 24 of the Hindu Marriage Act, 1955. 4. Since the application under Section 24 of the Hindu Marriage Act, 1955 is yet to be decided, we dispose of the appeal modifying the impugned order and directing that maintenance paid under Section 125 Cr.P.C. shall be adjusted against the maintenance awarded under Section 24 of the Hindu Marriage Act, 1955. We simultaneously direct the learned Judge, Family Court to expeditiously decide the wife’s application under Section 24 of the Hindu Marriage Act, 1955.