* Wife seeks maintenance under sec 24 HMA in spite of maint under DV
* Though employed, wife has supposedly lost her job due to a criminal case against her
* Two kids are residing with wife
* Court considers maint under HMA and passes maint under DV
* The Hon Court orders : "....The amount awarded by this Court shall be adjusted out of the amount awarded by the Court in Domestic Violence Act. ...."
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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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Madhya Pradesh High Court
Smt. Kunta Bai vs Dilip on 7 August, 2014
F.A. No.647/2011
07.08.2014
Shri Hemant Sharma, learned counsel for the appellant.
Shri Anand Adhikari, learned counsel for the respondent.
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Heard.
This order shall dispose of an application filed under section 24 of Hindu Marriage Act filed by the appellant / wife, who has challenged the decree of divorce passed by the 2nd Additional District Judge, Dewas. She is claiming maintenance @ Rs.5,000/- per month and a sum of Rs.15,000/- for litigation expenses.
According to the learned counsel for the respondent, the respondent is only getting salary of Rs.7374.16/- per month. It is also his case that the appellant is also a working personnel and her monthly income is almost of equal amount.
It is not in dispute that two daughters born from the wedlock are residing with the appellant and infact she has also been suspended on account of her implication in a criminal case.
It is not in dispute that under Domestic Violence Act, on a separate petition filed by the appellant, she has been awarded a sum of Rs.3,000/- per month.
Taking all the facts into consideration, we direct the respondent to pay the similar amount of Rs.3,000/- per month as maintenance pendent elite and Rs.5,000/-towards litigation expenses.
The amount awarded by this Court shall be adjusted out of the amount awarded by the Court in Domestic Violence Act. Maintenance shall be payable from the date of application.
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C.c. as per rules.
(Shantanu Kemkar) (M.C. Garg)
Judge Judge
Kratika/
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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist
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