SHAMSHER SINGH Vs. SUNITA DEVI

JUDGEMENT

(1.) I have heard Mr. M.P. Kapoor, learned counsel appearing for the petitioner, as well as Mr.Ajay Abrol, learned counsel for he respondent, in extenso.

(2.) A short submission made by Mr. M.P Kapoor, learned counsel appearing for the petitioner in this Revision is that, amount of maintenance awarded under Section 488 be adjusted while granting the maintenance under section 30 of the Hindu Marriage Act. There is no dispute with regard to the marriage solemnized between the parties according o the Hindu rites and ceremonies on 26 -1 -1993. It is also not disputed that a child was born out of this wedlock who happened to be with the respondent at present. The petitioner -husband and the respondent -wife are estranged. The wife filed an application under Section 488 Cr.P.C for maintenance, which was awarded at the rate of 500/ - per month. Further that in proceedings under Hindu Marriage Act, the wife sought pendente lite alimony and litigation expenses under section 30 of the Hindu Marriage Act. It was granted at the rate of Rs. 900/ - (Rs. 600 in favour of the wife and Rs. 300 / - in the favour of the minor child ) from the date of application, i.e, 15th December, 1998, along with litigation expenses of Rs. 600/.

(3.) SINCE the husband failed to pay the amount of maintenance as aforesaid, the wife started recovery proceedings. The husband contented that the maintenance amount granted under Section 488 Cr. P.C. should be adjusted in the pendente lite alimony and the recovery proceedings are pending before the court. Mr. M. P Kapoor, learned counsel appearing for the petitioner, submitted that the Trial Court instead of accepting his contention for adjusting the amount awarded as maintenance under section 488 Cr.P.C. in the interm alimony under Hindu Marriage Act directed the employer of the petitioner to attach the salary and deposit in the Court vide order dated 2 -11 -2001. The order manifestly is not legally sustainable. This order no where specified as to how much salary has to be attached and deposited in the court and, thus, turn out unsustainably in law.