Maintainance HMA Sec 18 or Cr.P.C 125 (ONLY UNDER ONE)

http://www.commonlii.org/in/cases/INPBHC/2006/74.html

GURPREET SINGH v. RANI KAUR ALIAS RANJIT KAUR & Ors - CR-466-2006 [2006] INPBHC 74 (10 January 2006)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

****

C.R. No.466 of 2006

Date of Decision: 24.1.2006

Gurpreet Singh Vs. Rani Kaur alias Ranjit Kaur and others

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present:- Shri Sandeep Bansal, Advocate for the petitioner.

****

Vide order under challenge, in a suit filed under Sections 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956 (for short, `the Act'), interim maintenance at the rate of Rs.1500/- to respondent No.1 and Rs.500/- each to respondents No.2 and 3 was granted by the Court below.

This Court feels that in view of high cost of living these days, amount granted is perfectly justified.

Counsel for the petitioner has contended that after passing of this order, another order has been passed under the provisions of Section 125 of Cr.P.C in which interim maintenance has been granted at the rate of Rs.500/- to respondent No.1 and at the rate of Rs.250/- each to the other respondents. By placing reliance upon the judgment of the Hon'ble Supreme Court in Chand Dhawan Vs. Jawaharlal Dhawan, (1993) 3 SCC 406, counsel contends that the respondents are entitled to claim maintenance either under the provisions of the Act or the provisions of Cr.P.C and not both. As the order in proceedings under Section 125 of Cr.P.C was C.R. No.466 of 2006 [2]

passed after the passing of this order, petitioner may raise this objection before the Court where these proceedings are pending.

No case is made out for interference.

Disposed of.

January 24, 2006 ( JASBIR SINGH )

renu JUDGE