Sudeep Chaudhary Vs. Radha Chaudhary
EmailAppeal: Criminal Appeal No. 111 of 1997
(Arising out of SLP (Crl.) No. 3379 of 1995)
(Arising out of SLP (Crl.) No. 3379 of 1995)
Petitioner: Sudeep Chaudhary
Respondent: Radha Chaudhary
Apeal: Criminal Appeal No. 111 of 1997
(Arising out of SLP (Crl.) No. 3379 of 1995)
(Arising out of SLP (Crl.) No. 3379 of 1995)
Judges: S.P. BHARUCHA & FAIZAN UDDIN, JJ.
Date of Judgment: Jan 31, 1997
Head Note:
CRIMINAL LAW
Criminal Procedure Code, 1973
Section 125 – Hindu Marriage Act, 1955, Section 24 – Maintenance of wife – Appellant husband and respondent wife estranged – Wife awarded maintenance under Section 125, of Crimi-nal Procedure Code and alimony under Section 24, of Hindu Mar-riage Act – Husband failing to pay amount of maintenance – Wife initiating recovery proceedings – Plea of husband that main-tenance amount be adjusted against interim alimony – Whether tenable – Held amount awarded under Section 125, CrPC adjustable against amount awarded under matrimonial proceedings. Held further that claims of husband and wife can be adjusted.
Criminal Procedure Code, 1973
Section 125 – Hindu Marriage Act, 1955, Section 24 – Maintenance of wife – Appellant husband and respondent wife estranged – Wife awarded maintenance under Section 125, of Crimi-nal Procedure Code and alimony under Section 24, of Hindu Mar-riage Act – Husband failing to pay amount of maintenance – Wife initiating recovery proceedings – Plea of husband that main-tenance amount be adjusted against interim alimony – Whether tenable – Held amount awarded under Section 125, CrPC adjustable against amount awarded under matrimonial proceedings. Held further that claims of husband and wife can be adjusted.
Held:
The claims of the husband and the wife are to be balanced. We, therefore, direct that the husband shall pay to the wife towards maintenance (which now comprehends both the amount awarded under Section 125 of the CrPC and the amount awarded in the matrimonial proceedings) the sum of Rs 1000 p.m. commencing from 3-7-1990. The arrears, if any, shall be paid within 8 weeks. (Para 7)
JUDGEMENT:
S.P. BHARUCHA, J.
1. Special leave granted.
2. The respondent wife has been served by substituted service but does not appear.
3. The appellant husband and the respondent wife are estranged. The wife filed an application under Section 125 of the Criminal Procedure Code for maintenance which was awarded at the rate of Rs 350 p.m. with effect from 3-7-1990, and was subsequently enhanced to Rs 500 p.m.
4. In proceedings under the Hindu Marriage Act the wife sought alimony. It was granted at the rate of Rs 600 p.m on 11-8-1987, and the amount thereof was subsequently enhanced to Rs 800 p.m.
5. Since the husband failed to pay the amount of maintenance as aforesaid, the wife started recovery proceedings. The husband contended that the maintenance amounts should be adjusted against the interim alimony and the Magistrate before whom the recovery proceedings were pending upheld the contention. The High Court, in the order which is under appeal, held that the Magistrate was in error in directing adjustment of the maintenance amount award-ed under Section 125 of the CrPC against the amount awarded under Section 24 of the Hindu Marriage Act.
6. We are of the view that the High Court was in error. The amount awarded under Section 125 of the CrPC for maintenance was adjustable against the amount awarded in the matrimonial proceed-ings and was not to be given over and above the same. In the absence of the wife, we are, however, not inclined to go into any detailed discussion of the law.
7. At the same time, we feel that the claims of the husband and the wife are to be balanced. We, therefore, direct that the husband shall pay to the wife towards maintenance (which now comprehends both the amount awarded under Section 125 of the CrPC and the amount awarded in the matrimonial proceedings) the sum of Rs 1000 p.m. commencing from 3-7-1990. The arrears, if any, shall be paid within 8 weeks.
8. This order will be subject to such orders as may be passed at the stage of final disposal of the matrimonial proceedings.
9. The appeal is disposed of accordingly.
10. No order as to costs.
1. Special leave granted.
2. The respondent wife has been served by substituted service but does not appear.
3. The appellant husband and the respondent wife are estranged. The wife filed an application under Section 125 of the Criminal Procedure Code for maintenance which was awarded at the rate of Rs 350 p.m. with effect from 3-7-1990, and was subsequently enhanced to Rs 500 p.m.
4. In proceedings under the Hindu Marriage Act the wife sought alimony. It was granted at the rate of Rs 600 p.m on 11-8-1987, and the amount thereof was subsequently enhanced to Rs 800 p.m.
5. Since the husband failed to pay the amount of maintenance as aforesaid, the wife started recovery proceedings. The husband contended that the maintenance amounts should be adjusted against the interim alimony and the Magistrate before whom the recovery proceedings were pending upheld the contention. The High Court, in the order which is under appeal, held that the Magistrate was in error in directing adjustment of the maintenance amount award-ed under Section 125 of the CrPC against the amount awarded under Section 24 of the Hindu Marriage Act.
6. We are of the view that the High Court was in error. The amount awarded under Section 125 of the CrPC for maintenance was adjustable against the amount awarded in the matrimonial proceed-ings and was not to be given over and above the same. In the absence of the wife, we are, however, not inclined to go into any detailed discussion of the law.
7. At the same time, we feel that the claims of the husband and the wife are to be balanced. We, therefore, direct that the husband shall pay to the wife towards maintenance (which now comprehends both the amount awarded under Section 125 of the CrPC and the amount awarded in the matrimonial proceedings) the sum of Rs 1000 p.m. commencing from 3-7-1990. The arrears, if any, shall be paid within 8 weeks.
8. This order will be subject to such orders as may be passed at the stage of final disposal of the matrimonial proceedings.
9. The appeal is disposed of accordingly.
10. No order as to costs.
