( 1 ) RULE returnable forthwith and called out hearing.

( 2 ) HEARD learned Advocate Mrs. Jyoti Dharmadhikari for the applicant and shri R. R. Srivastava, Advocate for the Non-applicant.

( 3 ) THE chronological event as to the Court proceedings have to be narrated as below since the parties have chosen not to give them per se quatum. Those however, could be narrated as follows :

(I) Parties who were married as per Boudha rites and rituals on 22-10-2000 have been separated.

(II) The applicant husband filed petition for dissolution of marriage in the Court of the Civil Judge Senior Division, Chandrapur some time in the year 2002 which proceeding was registered as HMP no. 42 of 2002 and has been re-numbered as 772 of 2002.

(III) After knowing the motion for dissolution by the husband, wife present respondent has filed petition for restitution of conjugal rights before the Family Court, Nagpur which is registered as Case no. A-490 of 2002.

(IV) Since the wife's petition was later in time, it has been stayed.

(V) Wife then filed the proceeding under section 125 of Criminal procedure Code before the Family Court Nagpur which is registered as Case No. E-427/2002.

(VI) 24-6-2003 : Family Court passed an order of interim maintenance in the proceedings under section 125 of Criminal Procedure Code.

(VII) The petitioner has paid total sum of Rs. 16400/- between 9-7-2003 to 12-1-2004, towards interim maintenance from time to time, but not every month regularly.

(VIII) 30-6-2003 : Wife who had filed application under section 24 of hindu Marriage Act for maintenance pending litigation in the court of Civil Judge Senior Division, Chandrapur in applicant's petition for dissolution of marriage. The said Court ordered maintenance as follows : rs. 2000/- p. m.-:maintenance pendente lite. Rs. 3000/-:litigation expenses. Rs. 300/- p. m.-:for every attendance by order dated 30-6-2003.

(IX) 3-7-2002 : In the proceedings under section 125 of Criminal procedure Code, the Parties filed consent pursis agreeing to pay maintenance at the rate of Rs. 1500/- p. m. and the Family Court passed order thereon on 31-7-2002.

(X) 4-9-2002 : The applicant herein deposited the arrears of maintenance under section 24 of the Hindu Marriage Act out of which Rs. 44,000/- were towards monthly maintenance.

(XI) The Wife had filed application under section 125 (3) of Criminal procedure Code seeking recovery of arrears of agreed maintenance of Rs. 1500 per month and claimed arrears of Rs. 24,800/ -.

(XII) 24th February, 2005 : The Principle Judge, Family Court, Nagpur has rejected the petitioner's objection raised in the reply to the wife's claim for arrears of amount of maintenance awarded pursuance to the consent order passed in the proceedings under section 125 of Criminal Procedure Code.

(XIII) Wife has also filed proceedings for monthly maintenance of Rs. 15000/- under the provisions of Hindu Adoption and Maintenance act in Family Court which is case No. 1 of 2003.

(XIV) 31-1-2005 : The applicant herein filed reply to wife's application before Family Court where she had claimed recovery of arrears of maintenance ordered under section 125, Criminal Procedure Code. Applicant herein claimed in his reply giving details about payments made by him and claimed that he was not bound to pay amount since the amount in the proceedings under section 125 of criminal Procedure Code, since he was already paying higher amount of maintenance in compliance with the order passed under section 24 of Hindu Marriage Act by the Competent Criminal court. (xv) Family Court rejected petitioner's objection by order dated 24-2- 2005.

( 4 ) IN this petition, the petitioner is challenging the order passed in execution Case No. ER-176/2004 decided by Family Court on 24-2-2005.

( 5 ) HEARD both Learned Advocates at length.

( 6 ) THE crux of the objection is that the petitioner-husband is claiming that his liability to pay maintenance furtherance to order under section 24 of Hindu marriage Act w