Civil Revision No.907 of 2018(OM) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Civil Revision No.907 of 2018(OM)
Date of Order: 20.02.2018
Renu .. Respondent
CORAM: HON’BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Amar Singh, Advocate, for
Mr. B.S.Walia, Advocate
for the petitioner.
ANIL KSHETARPAL, J (Oral)
Husband-petitioner is in revision petition against the order
dated 05.07.2016, directing him to start paying maintenance pendente lite @
Rs.8000/- per month along with litigation expenses to the tune of Rs.5500/-
and Rs.600/- travelling expenses to the wife on the date of hearing when her
presence would be required before the Court.
Learned counsel for the petitioner has submitted that in a
separate proceeding, under Section 125 Cr.P.C., learned Judicial Magistrate
vide order dated 11.01.2016, had determined the maintenance @ Rs.5000/-
per month. He submits that the aforesaid amount has to be adjusted while
making the payment under the impugned order.
A reading of the impugned order shows that no such plea was
raised before the learned District Judge, Family Court, Rohtak. Ordinarily
the maintenance awarded under different provisions have to be adjusted,
however, it always depends upon the order passed by the Court.
Since the petitioner has not drawn the attention of the trial
Court to the order passed under Section 125 Cr.P.C., liberty is granted to the
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Civil Revision No.907 of 2018(OM) -2-
petitioner to move an appropriate application before the learned District
Judge, Family Court, Rohtak, seeking adjustment.
If such an application is moved by the petitioner, the learned
District Judge would decide the same within two months from today.
The revision petition stands disposed of accordingly.
February, 20, 2018 (ANIL KSHETARPAL)
Whether speaking/reasoned YES/NO
Whether reportable YES/NO
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