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2018 Supreme(Bom) 807

P.R.BORA
Vishal S/o. Rajesaheb Gore – Appellant
Versus
Sow. Aparna W/o Vishal Gore – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri S.S. Halkude
For the Respondents: Shri Anil H. Kasliwal

JUDGMENT :

1. Heard finally with consent of the learned counsel appearing for the parties.

2. The question which falls for consideration in the present criminal revision application is, whether interim monthly maintenance directed to be paid under Section 23 read with Section 20(1)(d) of The Protection of Women from Domestic Violence Act, 2005 can be adjusted against the amount of maintenance awarded under Section 125 of The Code of Criminal Procedure.

3. The respondent herein had filed two different proceedings against the present applicant; one under Section 125 of Code of Criminal Procedure (for short, Cr.P.C.) and another under the provisions of Protection of Women from Domestic Violence Act, 2005 (for short DV Act). In an application under Section 125 of Cr.P.C. learned J.M.F.C. has awarded maintenance at the rate of Rs.3,000/- to respondent no.1 and Rs.2,000/- to respondent no.2 from the date of application. Whereas in the proceeding under DV Act, by way of interim maintenance, the JMFC Court has directed present applicant to pay an amount of Rs.2,000/- per month to respondent no.1 and Rs.1,000/- per month to respondent no.2.

4. The respondents filed an application seeking recove
















































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