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(2022) Law Today Live Doc. Id. 17251 = 2023(1) L.A.R. 226
(Arising out of SLP(Crl.)No.2876 of 2021)
Decided on: 11.11.2022
Alongwith
Civil Appeal No.8450 OF 2022 (Arising out of SLP(C)No.5985 of 2021)
For Petitioner(s):
Mr. K.K. Rai, Sr. Adv. Mr. Rajaram Bhausahab Bhise, Adv. Mr. Avinash Kr. Lakhanpal, Adv. Mr. Anshul Rai, Adv. Ms. Sreoshi Chatterjee, Adv. Mr. D. Girish Kumar, Adv. Mr. Piyush Lakhanjpal, Adv. Mr. Vivek Gupta, Adv.
For Respondent(s):
Mr. Kaustubh Dube, Adv. Mr. Uday B. Dube, AOR Mr. Nachiketa Joshi, Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Pande, Adv. Mr. Aaditya Aniruddha Pande, AOR
Code of Criminal Procedure, 1973 (2 of 1974), Section 125 -- Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), Section 18 – Maintenance in two proceedings -- Appellant-wife has been granted two separate maintenance claims i.e. one at the rate of Rs.3,000/- per month by the JMIC u/s 125 Cr.P.C., and the second at the rate of Rs.5,000/- per month by the Civil Judge, Senior Division u/s 18 of the Hindu Adoption and Maintenance Act, 1956 – Appellant-wife looking after her two children born out of the wedlock -- High Court while passing the impugned order has held that the maintenance amount of Rs.5,000/- per month, granted to the appellant-wife, will also include Rs.3,000/- per month granted to her u/s 125 Cr.P.C – Appellant and the two children cannot sustain with this meagre amount of Rs.5,000/- -- Held, such an approach of the High Court is totally erroneous and cannot be sustained in law.
(Para 3-6)
ORDER
1. Leave granted.
2. Heard learned counsel for the parties and carefully perused the material placed on record.
3. The appellant – wife has been granted two separate maintenance claims i.e. one at the rate of Rs.3,000/- per month by the Judicial Magistrate, First Class, in the proceedings under Section 125 Cr.P.C., and the second at the rate of Rs.5,000/- per month by the 3rd Civil Judge, Senior Division under Section 18 of the Hindu Adoption and Maintenance Act, 1956. The appellant – wife is statedly looking after her two children born out of the wedlock.
4. The High Court while passing the impugned order has held that the maintenance amount of Rs.5,000/- per month, granted to the appellant – wife, will also include Rs.3,000/- per month granted to her under Section 125 Cr.P.C.
5. We are of the considered view that such an approach of the High Court is totally erroneous and cannot be sustained in law. We cannot be oblivious of the fact that the appellant and the two children cannot sustain with this meagre amount of Rs.5,000/-.
6. Consequently, the impugned orders of the High Court are set aside to the extent that the respondent – husband is directed to pay both the maintenance amounts of Rs.5,000/- + Rs.3,000/- i.e. total of Rs.8,000/- per month from the date of the order i.e. 09.05.2014 passed by the Trial Court. The arrears of maintenance shall be paid by the respondent – husband to the appellant – wife in four equal instalments within a period of six months.
7. This order is being passed without prejudice to the rights of the appellant – wife to seek further revision of the maintenance before the appropriate forum.
8. The appeals are disposed of accordingly.
Order accordingly.
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