GAUHATI HIGH COURT
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
UDIT MUKERJEE – Appellant
Versus
ANINDITA BHATTACHARJEE AND ANR. – Respondent
ORDER
Date : 12-01-2021 Heard Mr. M.U. Mahmud, learned counsel for the petitioner and Mr. V.K. Chopra, learned counsel for the respondent.
This revision petition is directed against the order dated 03.03.2018 passed by the learned Principal Judge, Family Court-II, Kamrup in FC (Crl.) 574/2017 granting interim maintenance of Rs. 4000/- to the respondent and her two minor children. Learned counsel for the petitioner submits that the respondent wife has filed an application under the Protection of Woman from Domestic Violence Act, wherein also an interim maintenance was granted to the tune of Rs. 6000/- in favour of the respondent. Referring to a recent judgment of Hon’ble Supreme Court in Rajnesh Vs. Neha & Anr. (Crl. Appeal No. 730/2020), Mr. Mahmud submits that in case of overlapping jurisdiction under different statute, the parties are under obligation to inform the court about any maintenance already granted in other proceeding so that the court, which is proceeding to pass any maintenance subsequently can take into account the earlier award or the court can also modify the award of maintenance in case of necessity in view of the maintenance granted in the earlier proceeding.
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