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Multiple maintenance not allowed Panjab_and_Haryana_1

Civil Revision No. 2427 of 2009 -1- ***
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No. 2427 of 2009
Date of decision : 23.2.2010
Gian Chand
….Petitioner
Versus
Dilpreet Kaur …Respondent CORAM : HON’BLE MR. JUSTICE S. D. ANAND
Present: Mr. G.P.S.Bal, Advocate for the petitioner S. D. ANAND, J.
It is apparent from the record that respondent-wife is in receipt
of two items of maintenance, one out of which had been awarded in her favour in the course of proceedings under Section 125 Cr.P.C. and the other had been
awarded in her favour in allowance of the proceedings under Section 24 of the
Hindu Marriage Act. The learned counsel, appearing on behalf of the petitioner,
states that the interest of justice would be served and the petitioner would be
content if it is ordered that the amount awarded to the respondent-wife in the
proceedings under Section 125 Cr.P.C. is ordered to be set off against the
amount awarded in her favour (for self and the only child of the parties).
There is none on behalf of the respondent to resist the presentation aforementioned.
There can be no dispute with the proposition that a wife can avail
of maintenance in the course of the proceedings under Section 125 Cr.P.C. or it can have the cake in terms of Section 24 of the Hindu Marriage Act. There also can be no dispute with the proposition that the amount awarded in the course of either of the proceedings in favour of the wife has to be set off against the amount awarded to her in the other proceedings.
There is no law which would entitle the wife to resist the indicated set off in
the matter of maintenance awarded in her favour. In the present case,
maintenance at the rate of Rs.1500/- has been awarded by the criminal Court in
Court in favour of the respondent- wife and the only child of the
parties, however, in the course of the divorce proceedings, the learned Trial
Judge awarded maintenance pendent-lite at the rate of Rs.3,000/- per month to
the respondent-wife. In the light of foregoing discussion, the petition shall
stand disposed of with a direction that the amount awarded to the respondent-
wife for self and only child of the parties shall be set off against the amount
awarded in favour of the respondent-wife in the proceedings under Section 24 of the Hindu Marriage Act..
February 23, 2010 (S. D. ANAND) Pka JUDGE

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