Wednesday, August 7, 2013

Int maint u/s125 CrPC no bar for int maint u/s24 HMA. However int maint granted us 125 CrPC. has to be taken into consideration while granting the interim maintenance under Section 24 of HMA. Also husband has to specifically plead / certify his income for all sources

Grant of  interim maintenance in proceedings under Section 125 Cr.P.C. is no bar to grant of interim maintenance under Section 24 of the Act. However, at the same time, interim maintenance granted under Section 125 of the Cr.P.C. has to be taken into consideration while granting the interim maintenance under Section 24 of the Act.



LEARNING
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1. interim main granted under section 125 CrPC is NO bar against maintenance us 24 HMA
2. however any amount granted under section 125 CrPC is to be considered while granting maintenance under sec 24 HMA
3. Husband has to specifically plead what is him income is. IF he just refutes the wife's statement then the court is free to assume his income
4. The plea of the husband that the wife herself is also earning, cannot be accepted at this stage because prima facie there is nothing on record to substantiate the said plea.

bottom line : right or wrong, wife gets MOOLAH 


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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM INDIAN KANOON SITE 
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Punjab-Haryana High Court

Balbir Singh vs Gurpreet Kaur on 14 May, 2012

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CIVIL REVISION NO.2893 OF 2012

DATE OF DECISION : 14th MAY 2012

Balbir Singh ... Petitioner

Versus

Gurpreet Kaur ... Respondent

CORAM : HON'BLE MR. JUSTICE L. N. MITTAL ****

Present : Mr. A. A. Pathak, Advocate for the petitioner. ****

L. N. MITTAL, J. (ORAL)

CM No.12447-CII of 2012

Allowed as prayed for.

CM No.12448-CII of 2012

The application is allowed and Annexures P-1 to P-3 are taken on record, subject to all just exceptions.

Husband Balbir Singh has filed this revision petition under Article 227 of the Constitution of India impugning order dated 25.11.2011 passed by learned Civil Judge (Senior Division), Barnala thereby granting interim maintenance @ `5,000/- per month to respondent wife-Gurpreet Kaur during pendency of the petition filed by her against the petitioner herein under Section 9 of the Hindu Marriage Act, 1955 (in short, the Act) seeking decree for restitution of conjugal rights. The wife alleged in her application that she has  no source of income whereas the husband has 8 acres of land and was running a dairy farm and is also employed in Market Committee and getting salary of `17,000/- per month.

The husband in his reply admitted that he was employed in Market Committee but denied the other averments of the wife. It was pleaded that the wife is herself earning `10,000/- per month by teaching children in school and by stitching and embroidery work.

Learned trial Court vide impugned order granted interim maintenance @ `5,000/- per month to the wife. Feeling aggrieved, husband has filed this revision petition.

I have heard learned counsel for the petitioner and perused the case file.

Counsel for the petitioner contended that the wife has already been granted interim maintenance under Section 125 of the Criminal Procedure Code (in short, Cr. P.C.) @ `1,500/- per month. Grant of said interim maintenance in proceedings under Section 125 Cr.P.C. is no bar to grant of interim maintenance under Section 24 of the Act. However, at the same time, interim maintenance granted under Section 125 of the Cr.P.C. has to be taken into consideration while granting the interim maintenance under Section 24 of the Act.

In this view of the matter, in the instant case, the amount of `1,500/- per month as interim maintenance under Section 125 Cr. P.C., if actually paid for the same period as granted under the Act by impugned order, shall be adjusted towards the amount of `5,000/- per month granted by the Court.

In addition to the aforesaid, the petitioner cannot be granted any relief because the petitioner in his reply did not even allege as to how much income he was having from all sources. The wife alleged that the husband was earning `3,00,000/- per annum from dairy farm, in addition to income from 8 acres of land and also getting salary of `17,000/- per month as employee of Market Committee. The husband admitted that he was employed in Market Committee. However, he did not state how much income he was having from all sources.

Keeping in view all the circumstances, the amount of `5,000/- per month as interim maintenance cannot be said to be excessive so as to warrant reduction in exercise of revisional power under Article 227 of the Constitution of India. The plea of the husband that the wife herself is also earning, cannot be accepted at this stage because prima facie there is nothing on record to substantiate the said plea.

For the reasons aforesaid, I find no merit in this revision petition, which is accordingly dismissed in limine, subject to the observations made hereinbefore.

14th May, 2012 

(L. N. MITTAL) 'raj' JUDGE



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