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High Court of Punjab and HaryanaCR/907/2018disposed of

Somvir v. Renu

2018-02-20Mr. Justice Deepak Sibal2 pages

Civil Revision No.907 of 2018(O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.907 of 2018(O&M) Date of Order: 20.02.2018 Somvir ..Petitioner

Versus

Renu .. Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Amar Singh, Advocate, for Mr. B.S.Walia, Advocate for the petitioner.

ANIL KSHETARPAL, J (Oral) Husband-petitioner is in revision petition against the order dated 05.07.2016, directing him to start paying maintenance pendente lite @ Rs.8000/- per month along with litigation expenses to the tune of Rs.5500/- and Rs.600/- travelling expenses to the wife on the date of hearing when her presence would be required before the Court.

Learned counsel for the petitioner has submitted that in a separate proceeding, under Section 125 Cr.P.C., learned Judicial Magistrate vide order dated 11.01.2016, had determined the maintenance @ Rs.5000/- per month. He submits that the aforesaid amount has to be adjusted while making the payment under the impugned order.

A reading of the impugned order shows that no such plea was raised before the learned District Judge, Family Court, Rohtak. Ordinarily the maintenance awarded under different provisions have to be adjusted, however, it always depends upon the order passed by the Court. Since the petitioner has not drawn the attention of the trial Court to the order passed under Section 125 Cr.P.C., liberty is granted to the Naresh Kumar 2018.03.06 10:30 I attest to the accuracy and integrity of this document Chandigarh

Civil Revision No.907 of 2018(O&M) -2petitioner to move an appropriate application before the learned District Judge, Family Court, Rohtak, seeking adjustment. If such an application is moved by the petitioner, the learned District Judge would decide the same within two months from today. The revision petition stands disposed of accordingly. February, 20, 2018 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned YES/NO Whether reportable YES/NO Naresh Kumar 2018.03.06 10:30 I attest to the accuracy and integrity of this document Chandigarh