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2015 Supreme(MP) 801

ROHIT ARYA
Mohan Swaroop Chauhan – Appellant
Versus
Mohini Chauhan – Respondent


Advocates:
Prashant Sharma for petitioner;
Vivek Khedkar for respondent.

ORDER

1. By this Writ Petition under Article 227 of the Constitution of India challenge is made to the order dated 4.3.2014 passed by the Additional Principal Judge, Family Court, Gwalior, dismissing the application dated 4.9.2013 for adjustment of the amount deposited in the Family Court, Jhansi under section 125 of CrPC at the rate of Rs.12,000/- per month in favour of respondent-applicant and two children against the decreetal amount of permanent alimony under section 25 of the Hindu Marriage Act (hereinafter referred to as ‘the Act’) at the rate of Rs.10,000/- per month, as ordered in the divorce decree.

2. Facts relevant and necessary for disposal of the writ petition are in narrow compass. The Additional Principal Judge, Family Court, Gwalior, vide judgment and decree dated 10.9.2010 in Case No.25-A/2010 HMA awarded decree of divorce under section 13 of the Act to petitioner Mohan Swaroop Chauhan (husband) and granted permanent alimony to respondent-Smt. Mohini Chauhan (wife) at the rate of Rs.10,000/- per month.

3. First Appeal No.251/2010 (Mohan Swaroop Chauhan v. Smt. Mohini Chauhan) was preferred by the petitioner/husband against grant of permanent alimony under section 25 o






























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