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2001 Supreme(SC) 24

2001(4) Supreme 331
SUPREME COURT OF INDIA
S.P. Bharucha & Y.K. Sabharwal, JJ.
Sanjay Chopra -Appellant
versus
Shyama Chopra -Respondent
Civil Appeal No.121 of 2001
(Arising out of SLP (C) No. 1438 of 2000)
Decided on 5-1-2001

Headnote:Criminal Procedure Code, 1973 -Section 125-Grant of maintenance of Rs. 300 for wife and Rs. 400 for child -High Court directed husband to pay Rs. 1000/- and Rs. 800/- respectively u/s 24 of Hindu Marriage Act- Amounts granted u/s 125 Cr.P.C. is to be adjusted against maintenance granted u/s 24 of the Act. (Para 2)

       

ORDER

Leave granted.

2. The appellant is the husband and the respondent is the wife. The husband was directed to pay, under Section 125 of the Code of Criminal Procedure, maintenance to the wife and the child of the marriage in the sums of Rs. 300/- and Rs. 400/- respectively. Thereafter, by the order under challenge, the High Court directed the husband to pay maintenance, under Section 24 of the Hindu Marriage Act, in the sums of Rs. 1.000/- and Rs. 800/- respectively. It is the submission on behalf of the husband that the amounts of maintenance granted under Section 125, as aforestated, should be adjusted against the maintenance granted under Section 24 by the impugned order. This is, fairly, not disputed.

3. Accordingly, the order of the High Court is modified to the aforesaid extent. The effect will be that the husband will now only be liable to pay maintenance to the wife and the child in the sums of Rs.1,000/- and Rs.800/- respectively.

4. It is stated on behalf of the husband that he shall not write any letter to any employer of the wife which makes any allegation of any kind whatsoever.

5. There are arrears of maintenance. Such arrears shall be paid up within three months from today.

6. The appeal is allowed to the aforestated extent.

No order as to costs.

Appeal allowed.

**************

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