LAWS(GJH)-2009-11-241

RAJENDRABHAI KANUBHAI PATEL Vs. STATE OF GUJARAT

Decided On November 26, 2009
RAJENDRABHAI KANUBHAI PATEL Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) HEARD learned advocate, Ms. Medha Pandya for Ms. Kruti M. Shah for the applicant, learned APP, Mr. K. L. Pandya, for the respondent No. 1-State and learned advocate, Mr. E. E. Saiyed for the respondents No. 2 and 3.

(2.) IT is submitted by Ms. Medha Pandya, learned advocate for the applicant that in HMP proceedings also, interim order has been passed against the husband under Sec. 24 of the Hindu Marriage Act and husband was ordered to pay Rs. 3,000/- p. m. till final disposal of Hindu Marriage Petition. It is further submitted that this amount should be adjusted against the maintenance order passed by the Criminal Court below application filed under Sec. 125 of Cr. P. C. and applicant may be permitted to take this contention before the court below.

(3.) THE applicant-husband is at liberty to raise the aforesaid contention before the appropriate Court. If such a contention is raised, it will be decided by the concerned Court in accordance with law without being influenced by this order.