LAWS(MPH)-2024-10-43

LALIT CHATURVEDI Vs. DIPALI SAHU

Decided On October 15, 2024
Lalit Chaturvedi Appellant
V/S
Dipali Sahu Respondents

JUDGEMENT

(1.) Appellant impugns orders dtd. 30/4/2024 and 1/10/2021, whereby in an execution proceeding, employer of the appellant has been directed to furnish the income details of appellant to respondent.

(2.) Respondent had filed the subject execution seeking execution of the order of maintenance dtd. 4/3/2017 assessing interim maintenance under Sec. 36 of the Special Marriage Act, 1954 (hereinafter referred to as "the Act") @ 6,000/- per month.

(3.) Contention of learned counsel for appellant is that the order passed under Sec. 36 of the Act is not executable in terms of Sec. 39A of the Act. He further submits that a sum of Rs.48,000.00 has been deposited in the proceeding under the Domestic Violence Act and a sum of Rs.2,90,000.00 was paid in cash to the respondent and she had not claimed adjustment on either of the said amount.