In The High Court for the States of Punjab and Haryana
At Chandigarh
CRR(F)-6424-2018 (OM)
Date of Decision:- 21.12.2018
Balwinder … Petitioner
Versus
Parmila and others … Respondents
CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Ajay Vijarania, Advocate, for the petitioner.
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GURVINDER SINGH GILL, J. (Oral)
By way of filing this petition, the petitioner assails order dated
14.11.2018 passed by Principal District Judge, Family Court, Bhiwani
wherein while granting interim maintenance during pendency of application
under Section 125 Cr.P.C, the learned Judge has awarded maintenance @
`5500/- per month (`2500/- for respondent No.1 and `1500/- each for
respondents No.2 and 3).
Learned counsel has submitted that in fact in proceedings under
Section 13 of the Hindu Marriage Act, pending amongst the parties,
maintenance pendente lite @ `3000/- has already been awarded to
respondent No.1 vide order dated 21.5.2018 (Annexure P-1) and that another
sum of `3000/- has also been ordered to be paid as maintenance in
proceedings under the Domestic Violence Act vide order dated 10.5.2018
(Annexure P-2).
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CRR(F)-6424-2018 (OM) -2-
Having heard the learned counsel for the petitioner, I find the
interim maintenance as awarded by trial Court is found to be just and fair
and cannot be said to be unreasonable. There is no ground to interfere with
the impugned order and the same is upheld. However, it is clarified that the
amount of compensation as awarded vide impugned order dated 14.11.2018
shall not be in addition to the compensation already awarded in application
under Section 24 of the Hindu Marriage Act or in proceeding under the
Domestic Violence Act and that the amount awarded in the said proceedings
shall be deemed to be adjusted in the amount of `5500/- awarded vide order
dated 14.11.2018 since the said amount is more than the amount awarded in
the other two proceedings. The petition stands dismissed with the aforesaid
clarification.
December 21, 2018 ( GURVINDER SINGH GILL)
mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
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