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Balwinder Singh vs Parmila And Others on 21 December, 2018

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
Parmila and others … Respondents


Present:- Mr. Ajay Vijarania, Advocate, for the petitioner.



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


December 21, 2018 ( GURVINDER SINGH GILL)
mohan JUDGE

Whether speaking /reasoned Yes / No

Whether Reportable Yes / No

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