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True Colors of a Vile Wife

Tag: Adjustment is Permissible in Multiple Maintenances

Prasenjit Mukherjee Vs State of West Bengal and Ors on 02 Sep 2021

Posted on May 24 by ShadesOfKnife

A single judge of Calcutta High Court held as follows:

On an examination of the controversy involved in the present case in the background of the law laid down in Rakesh Malhotra (supra) once it comes to the knowledge of the learned Magistrate that the marriage between the parties have been dissolved by a decree of divorce under the relevant provisions of Section 13B of the Hindu Marriage Act and it is found that the wife has received a lump-sum amount as onetime payment towards maintenance, what would be the procedure adopted in the following circumstances:
(a) A fresh case under Section 125 of the Code of Criminal Procedure is filed.
(b) The proceedings under Section 125 of the Code of Criminal Procedure was pending and the Civil Court has dissolved the marriage by decree of divorce and there was no information before the Civil Court regarding the pendency of the proceedings under Section 125 of the Code of Criminal Procedure.
(c) Procedure/steps to be adopted by the learned Magistrate if the proceedings under Section 125 of the Code of Criminal Procedure and the proceedings under Section 13B of the Hindu Marriage Act (which has already been decided) are in different sub-divisions or different districts or different States.
As the aforesaid questions involve serious ramification so far as the proceedings under Section 125 of the Code of Criminal Procedure are concerned, I am of the view that the same is to be referred and settled by a Larger Bench (as there are conflicting judgments of this Court on the point).
Accordingly, the record of the case be placed before The Hon’ble The Chief Justice (Acting), High Court at Calcutta.

Prasenjit Mukherjee Vs State of West Bengal and Ors on 02 Sep 2021

The case was ordered to be listed but it’s been over 8 months, the Judges did not find time to look in it…

Prasenjit Mukherjee Vs State of West Bengal and Ors on 10 Sep 2021 (List Matter)
Posted in High Court of Calcutta Judgment or Order or Notification | Tagged Adjustment is Permissible in Multiple Maintenances Maintenance after Mutual Consent Divorce Multiple Maintenances Orders Prasenjit Mukherjee Vs State of West Bengal and Ors Question of Law Involved Rajnesh Vs Neha and Anr Referred to Large Bench | Leave a comment

Haresh Narayan Jaguja and Ors. Vs Namrata Haresh Jaguja and Ors on 28 April, 2015

Posted on December 25, 2018 by ShadesOfKnife

This is the judgment from Gujarat High Court, wherein it held concurrent jurisdiction exists between 125 CrPC and PWDV Act.

From Para 12,

Therefore, even if there is no reference of maintenance either under sub-Section 2 of Section 12 or in Section 20 of the Act, the fact remains that there is concurrent jurisdiction the statute provides concurrent jurisdiction and, therefore, it cannot be said that there is over ruling of jurisdiction while granting maintenance in different proceedings. At the most, what is required to be considered while deciding the claim of maintenance is that amount already awarded in a previous litigation may be taken into consideration for arriving at final amount of maintenance and, thereby, if order of only additional amount is there, then there is no overlapping and if award is for maximum amount of maintenance that can be awarded then set off against amount payable under any previous proceedings is to be extended.

From Para 13,

When petitioner is relying upon citations which are referred herein above and are already considered by the first appellate Court while rejecting the appeal, it would be appropriate for the petitioner herein to go through the legal provision properly. The time has come that litigants restrain themselves from agitating the issue which has already been decided by competent Court, only because they are not comfortable with the same.

Haresh Narayan Jaguja and Ors. Vs Namrata Haresh Jaguja and Ors on 28 April, 2015

 

Posted in High Court of Gujarat Judgment or Order or Notification | Tagged Adjustment is Permissible in Multiple Maintenances Haresh Narayan Jaguja and Ors. Vs Namrata Haresh Jaguja and Ors Multiple Maintenances Orders PIL - CrPC 125 Must Go From Statute Book | Leave a comment

Vishal Gore Vs Aparna Gore on 13 June, 2018

Posted on December 24, 2018 by ShadesOfKnife

This order from Hon’ble Bombay High Court talks about adjusting the maintenance paid under one case, when a maintenance order is granted in another case/law/act.

Intention of the judge, from Para 18,

What I intend to emphasize is the fact that the adjustment is permissible and the adjustment can be allowed of the lower amount against the higher amount. Though the wife can simultaneously claim maintenance under the different enactments, it does not in any way mean that the husband can be made liable to pay the maintenance awarded in each of the said proceedings.

Vishal SO. Rajesaheb Gore Vs Sow. Aparna WO. Vishal Gore on 13 June, 2018

 

Posted in High Court of Bombay Judgment or Order or Notification | Tagged Adjustment is Permissible in Multiple Maintenances Multiple Maintenances Orders PIL - CrPC 125 Must Go From Statute Book Vishal Gore Vs Aparna Gore | Leave a comment

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