BHAUSAHEB MADHUKAR GATKAL Vs. LATA BHAUSAHEB GATKAR

JUDGEMENT

(1.) THIS writ petition arises from the order passed by the IInd Joint Civil Judge, Senior Division, Nashik, dated 14th December, 1993 below Exhibit 16 in Regular Darkhast No.156 of 1992. The facts of the case are that the present Respondent who is the wife of the Petitioner had moved an application for execution of the Order in her favour in proceeding arising from an order of interim alimony granted by the Civil Judge, Senior Division in a Petition filed under the Hindu Marriage Act.

(2.) THE record discloses that the maintenance has also been awarded to the Respondent in proceedings initiated under Section 125 of the Criminal Procedure Code and the Petitioner has been depositing the amount of Rs.200/- per month in Misc. Application No.20 of 1989, as per the orders of Judicial Magistrate, First Class, Dindori. In those circumstances, the Petitioner had contented that the question of payment an amount of Rs.12,311.25 Ps. as interim alimony would not arise as he has been paying maintenance to the wife by depositing it as set out above.

(3.) IN the circumstances of the case, the Order dated 14th December, 1993 passed by the IInd Joint Civil Judge, Senior Division, Nashik, below Exhibit 16 in Regular Darkhast No.156 of 1992 is quashed and set aside. The Court to set off the amount paid by the Petitioner to the Respondent, while considering the amount of Rs.12,311.25 which the Respondent has claimed. If there is any short fall between the amount deposited by the Petitioner in proceedings under Section 125, the Court to direct the petitioner to deposit the balance.