THAKKAR DIPAKKUMAR SHAMBHULAL Vs. THAKKAR NIRUBEN KANTILAL

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, the petitioner husband - original respondent has prayed for an appropriate order for declaration that the petitioner is responsible for paying only Rs.900/- to the present respondents as per the order passed by the learned J.M.F.C. Harij in Criminal Misc. Application No. 29 of 2003 dated 27.04.2006 and not responsible for paying Rs.2000/- to the present respondents as per the order dated 21.10.2003 passed by the learned Civil Judge(S.D.), Patan under Section 24 of the Hindu Marriage Act and final order passed in Hindu Marriage Petition No.4 of 2003.

(2.) That an application was submitted by respondents Nos. 1 and 2 Wife and Minor Child for getting maintenance under Section 125 of the Criminal Procedure Code before the learned J.M.F.C., Harij by way of Criminal Misc. Application No. 29 of 2003 and the learned Additional JMFC, Harij vide judgment and order dated 27.04.2006 considering the order passed by the Civil Court granting interim alimony in Hindu marriage Petition, partly allowed the said application and directed the petitioner to pay Rs.500/- to Wife and Rs.400/- to the minor child by way of maintenance. That thereafter by judgment and order dated 24.11.2006 the learned 5th Civil Judge and J.M.F.C., Patan passed an order in Hindu Marriage Petition No.4 of 2003, in confirming the interim alimony, the petitioner was directed to pay Rs.2000/- to the respondents -herein. It is the contention on behalf of the petitioner that as the petitioner is directed to pay maintenance as provided under Section 125 of the Cr.P.C., the petitioner is not liable to pay any amount passed under Hindu Marriage Petition and therefore, the petitioner has prayed for aforesaid reliefs.

(3.) Learned Counsel appearing on behalf of the petitioner has vehemently submitted that whatever amount to be paid by the petitioner under the order passed by the learned J.M.F.C. is required to be adjusted while considering the payment pursuant to the order passed by the learned Civil Court and/or the petitioner is liable to pay either maintenance and/or permanent alimony. The petitioner is not required to pay both the amount.