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Pooran Mal v. Shakuntala Devi - SECOND APPEAL No. 661 of 2006 [2006] RD-AH 13327 (10 August 2006)


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Hon'ble Umeshwar Pandey, J.

Heard learned counsel for the appellant.

The respondent's petition under Section 18 of Hindu Adoption and Maintenance Act for award of maintenance has been decreed by both the courts below and a sum of Rs. 1,000/- per month has been awarded to the respondent-wife against her husband. Learned counsel submits that as it is evident from the judgment of the court below itself that a sum of Rs. 450/- per month is being paid by the appellant to the respondent-wife under Section 125 of the Cr.P.C. the courts should have made a direction as to the adjustment of the said amount towards total amount of Rs. 1,000/- per month awarded under the impugned decree. He has cited the case law of the apex court Sudeep Chaudhary Vs. Radha Chaudhary, AIR 1999 S.C. 536, in which such adjustment of payment had been permitted. This aspect of the matter has not been dealt with in the judgment of the court below and in case, such adjustments have been made permissible under the pronouncement of law of the apex court, the court below may look into it in case, a review petition to this effect is moved before it.

This appeal however, does not involve a decision on any substantial question of law as to occasion admission of the same and as such, the appeal is dismissed. It is however, provided that the appellant if moves a petition in the aforesaid regard for adjustment of the amount of maintenance already being paid regularly, the lower appellate court shall look into it and pass suitable orders in accordance with law.




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