ABHISHEK CHATTERJEE Vs. PIYET CHATTERJEE & ANR

JUDGEMENT

(1.) Opposite party no.1 filed an application under Sec. 125 of the Code of Criminal Procedure in the year 2012 claiming maintenance for self and her minor daughter before the learned Magistrate. That application was registered as Miscellaneous Case No.321 of 2012. In that case the opposite party no.2 prayed for an order of interim maintenance. On 17.04.2014 learned Magistrate directed the present petitioner to pay monthly interim maintenance of Rs.10,000.00 (Rupees Ten Thousand) to the present opposite party and her minor daughter from the date of the order till final disposal of the application under Sec. 125 of the Code of Criminal Procedure or any modification as per law, if any, month by month which should shall fall due on expiry of every seventh succeeding months. Opposite party-wife was given liberty by the learned Magistrate to put the order of interim maintenance into execution.

(2.) On 16.12.2014 in proceedings under Sec. 24 of Hindu Marriage Act, the present opposite party-wife was allowed pendentilite alimony at the rate of Rs.8,000.00 (Rupees Eight Thousand) for self and Rs.3,000.00 (Rupees Three Thousand) for her minor daughter amounting to Rs.11,000.00 (Rupees Eleven Thousand) in total.

(3.) Present petitioner approached before the learned Court for modification of the order dated 16.12.2014 passed in connection with the application under Sec. 24 of the Hindu Marriage Act regarding pendentilite alimony on the ground that the present opposite party-wife and her minor daughter were already allowed interim maintenance under Sec. 125 Code of Criminal Procedure. The prayer for modification of the order passed under Sec. 24 of the Hindu Marriage Act was turned down by the Learned Court on the ground that it was the settled principle of law that higher amount was to be paid by the husband and both the order under Sec. 125 Code of Criminal Procedure and under Sec. 24 of Hindu Marriage Act should be considered to be merged.