web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

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, 2022 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 Pal Naidu Vs Neha Naidu Joshi 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 or BNSS 144 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 or BNSS 144 Must Go From Statute Book Vishal Gore Vs Aparna Gore | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Retweeted
narendramodi

Narendra Modi

Verified account @narendramodi ·
20 Oct

Today, on the special occasion of RSS Sthapana Divas, my greetings to all Swayamsevaks. I also pay homage to all those greats who have nurtured the RSS over the years.

The RSS has completed a remarkable century of service, nation-building and social harmony. Countless

Reply on Twitter 2112404199615115737 Retweet on Twitter 2112404199615115737 8923 Like on Twitter 2112404199615115737 49163 X 2112404199615115737
Retweet on Twitter Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Retweeted
vlkas_pr0nam0

Viเค•เคผas

Verified account @vlkas_pr0nam0 ·
20 Oct

This is what the real Gen Z think about CJP and other Anti Nationals ๐Ÿคก

Reply on Twitter 2112512156776411535 Retweet on Twitter 2112512156776411535 2025 Like on Twitter 2112512156776411535 9975 X 2112512156776411535
Retweet on Twitter Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Retweeted
rishibagree

Rishi Bagree

Verified account @rishibagree ·
19 Oct

PM Modi literally forced Pakistani and Bangladeshi to wave Indian flag and sing Indian national Anthem ๐Ÿ”ฅ

Reply on Twitter 2112206683229520142 Retweet on Twitter 2112206683229520142 1591 Like on Twitter 2112206683229520142 7587 X 2112206683229520142
Retweet on Twitter Advocate Sandeep Pamarati ๐Ÿ‡ฎ๐Ÿ‡ณ๐Ÿ’ช๐Ÿ‘จ๐Ÿปโ€๐ŸŽ“ Retweeted
hphobiawatch

Hindutva Knight

Verified account @hphobiawatch ·
19 Oct

RSS wing in Japan HSS

Reply on Twitter 2112119154967023698 Retweet on Twitter 2112119154967023698 2578 Like on Twitter 2112119154967023698 18630 X 2112119154967023698

Recent Posts

  • Brijesh Rajkumar Suri Vs Navita Brijesh Suri on 16 Sep 2026 October 20, 2026
  • Rajkumar Madki Vs Dr. Shailendra Beldale on 16 Oct 2026 October 20, 2026
  • Ram Singh Vs State of UP on 21 Feb 2024 October 19, 2026
  • G.Abdul Rafi Vs State of AP and Anr on 12 Aug 2026 October 18, 2026
  • Case Lifecycle Explorer – BNS s.85, DV Act and Maintenance October 16, 2026

Most Read Posts

  • Parvinder Singh Khurana Vs Enforcement of Directorate on 19 May 2026 (1,234 views)
  • Application for Exemption from Personal Appearance During Investigation โ€“ Format, Procedure & Sample Draft (1,129 views)
  • Application for Modification of Bail Conditions โ€“ Format, Procedure & Sample Draft (1,017 views)
  • Myth vs Reality: Bail in 498A Cases โ€“ Legal Position Explained (975 views)
  • Exemption Application Under Section 205 CrPC โ€“ Format, Procedure & Sample Draft (947 views)
  • Representation for Deletion of Name from FIR โ€“ Format, Procedure & Sample Draft (940 views)
  • Pune Bar Association Vs Union of India on 22 May 2026 (871 views)
  • Life Cycle Stages of a Criminal Writ Petition Before a High Court (816 views)
  • Dr. Garima Dubey and Ors Vs Dr. Saurabh Anand Dubey on 21 Apr 2026 - Judgement Summary (768 views)
  • Surety Affidavit Format โ€“ Draft, Legal Requirements & Sample Template (760 views)

Tags

Reportable Judgement or Order (451)2-Judge (Division) Bench Decision (435)Legal Procedure Explained - Interpretation of Statutes (390)Landmark Case (390)1-Judge Bench Decision (381)Catena of Landmark Judgments Referred/Cited to (303)Work-In-Progress Article (215)3-Judge (Full) Bench Decision (102)Sandeep Pamarati (92)Article 21 - Protection of life and personal liberty (80)Issued or Recommended Guidelines or Directions or Protocols to be followed (72)Perjury Under Section 340 CrPC (71)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (63)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (47)CrPC 482 - Quash (44)Abuse Or Misuse of Process of Court (44)CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents (43)HM Act Sec 13 - Divorce Granted to Husband (42)Divorce Granted on Cruelty ground (42)

Categories

Supreme Court of India Judgment or Order or Notification (772)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (329)High Court of Andhra Pradesh Judgment or Order or Notification (193)High Court of Delhi Judgment or Order or Notification (168)High Court of Bombay Judgment or Order or Notification (112)High Court of Karnataka Judgment or Order or Notification (96)Legal Procedure/Tool (86)High Court of Madras Judgment or Order or Notification (71)High Court of Allahabad Judgment or Order or Notification (63)LLB Study Material (60)General Study Material (56)Assorted Court Judgments or Orders or Notifications (54)High Court of Punjab & Haryana Judgment or Order or Notification (53)High Court of Kerala Judgment or Order or Notification (48)Judicial Activism (for Public Benefit) (47)Prakasam DV Cases (46)District or Sessions or Magistrate Court Judgment or Order or Notification (44)High Court of Madhya Pradesh Judgment or Order or Notification (38)High Court of Telangana Judgment or Order or Notification (29)High Court of Calcutta Judgment or Order or Notification (28)

Recent Comments

  • Aman Kumar on Case Lifecycle Explorer – BNS s.85, DV Act and Maintenance
  • ShadesOfKnife on How to Challenge Ex Parte Orders in Criminal and Matrimonial Proceedings โ€“ Legal Remedies
  • pradeep jain on How to Challenge Ex Parte Orders in Criminal and Matrimonial Proceedings โ€“ Legal Remedies
  • Lawyer Sonia on Regular Bail Application Format (Section 437/439 CrPC)
  • vinod gupta on Reply to Section 41A CrPC Notice โ€“ Format with Legal Explanation

Archives of SoK

  • October 2026 (12)
  • September 2026 (13)
  • August 2026 (6)
  • July 2026 (19)
  • June 2026 (19)
  • May 2026 (24)
  • April 2026 (33)
  • March 2026 (42)
  • February 2026 (30)
  • January 2026 (21)
  • December 2025 (2)
  • November 2025 (3)
  • October 2025 (17)
  • September 2025 (12)
  • August 2025 (5)
  • July 2025 (10)
  • June 2025 (15)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS feed: Cloudflare Status Cloudflare Status

  • KTM (Kathmandu) on 2026-11-02 November 2, 2026
    Oct 8, 16:40 UTCScheduled - We will be performing scheduled maintenance in KTM (Kathmandu) datacenter between 2026-11-02 21:00 and 2026-11-03 01:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users in the affected region. For PNI / CNI customers […]
    Cloudflare Status

RSS feed: List of Spam Server IPs from Project Honeypot List of Spam Server IPs from Project Honeypot

  • 188.75.3.66 | S October 22, 2026
    Event: Bad Event | Total: 9 | First: 2026-09-30 | Last: 2026-10-22
Owned and Operated by Advocate Sandeep Pamarati and Advocate Suprajaa Rajan
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 265 access attempts in the last 7 days.

pixel