SANJAY CHOPRA Vs. SHYAMA CHOPRA

JUDGEMENT

(1.) 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. 1000/- 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.