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Judgment
Pradeep Nandrajog, J.—Limited show-cause notice was issued vide order dated 03.09.2007. The order reads as under:
"Present" Mr.Vivek Aggarwal for the petitioner
C.M.(M) 1194/2007
Counsel for the petitioner contends that the petitioner has already been giving maintenance of Rs. 1,800/- as awarded u/s 125 of the Criminal Procedure Code. Counsel submits that the said amount being paid by the petitioner has not been given any adjustment by the Trial Court while passing order u/s 24 of the Hindu Marriage Act. Counsel contends that the petitioner shall be contended if the adjustment of Rs. 1,800/- per month as directed u/s 125 of the Cr.P.C. is given in the amount of maintenance as awarded by the trial Court u/s 24 of the Hindu Marriage Act.
Limited to this extent, issue notice to the respondent, returnable on 20.09.2007. Dasti as well."
Learned Counsel for the respondent states that the law is clear. Any sum payable to the wife towards maintenance under a statute has to be adjusted from the maintenance directed to be paid u/s 24 of the Hindu Marriage Act.
The petition accordingly stands disposed of directing that the maintenance payable to the wife u/s 125, Cr.P.C. shall be adjusted from the maintenance awarded u/s 24 of the Hindu Marriage Act.
No costs.