SUNIL KUMAR Vs. JYOTI GARG

JUDGEMENT

(1.) COUNSEL for the petitioner contends that the petitioner has already been giving maintenance of Rs. 1,800/ - as awarded under Section 125 of the Criminal Procedure Code. Counsel submits that the said amount being paid by the petitioner has not been given any adjustment by the Trial Court which passing order under Section 24 of the Hindu Marriage Act. Counsel contends that the petitioner shall be contended if the adjustment of Rs. 1,800/ - per month as directed under Section 125 of the Cr.P.C. is given in the amount of maintenance as awarded by the trial Court under Section 24 of the Hindu Marriage Act. Limited to this extent, issue notice to the respondent, returnable on 20.09.2007. Dasti as well.?

(2.) LEARNED counsel for the respondent states that the law is clear. Any sum payable to the wife towards maintenance under a statute has to be adjusted from the maintenance directed to be paid under Section 24 of the Hindu Marriage Act.

(3.) NO costs. Petition disposed of.