MANISH SONI Vs. NAINA @ NIRMALA

JUDGEMENT

(1.) The petitioner/husband has filed the present petition being aggrieved by the order dated 16.3.2016, passed by the First Additional Family Judge of Family Court by which, application under section 24 of the Hindu Marriage Act, 1955 was decided in favour of the respondent/wife by directing the husband to pay interim maintenance @ Rs.3.000.00 per month for wife and Rs.2,000.00 for son along with interim maintenance payable under section 125 of the Criminal Procedure Code, 1973.

(2.) The petitioner has challenged the said order on the ground that he is already paying a sum of Rs.4,000.00 as interim maintenance by virtue of order dated 28.12.2012 passed by the same Family Court under section 125 of the CrPC. He submits that while passing the order under section 24, the said amount ought to have been adjusted by the Court. Counsel for the petitioner submits that even if Family Court if competent to pass order under section 125 Crimial P.C. as well as under section 24 of the Hindu Marriage Act without adjusting the amount then, the petitioner who is earning Rs.8,000.00 as held by the Family Court in order dated 28.12.2015 would not be in a position to pay both the maintenance to the petitioner which comes to Rs.9,000.00 per month, therefore, under the facts and circumstances of the case, the Court ought to have adjusted the amount while passing the order under section 24 of the Hindu Marriage Act.

(3.) Shri Ishwarlal Chouhan, learned counsel for the respondent submits that both the both the proceedings are independent proceedings and Court is competent to pass separate order and there is no mandatory condition to adjust tire amount of maintenance.