Disposed

Shyam Singh v. State of U.P. and Another

Allahabad HC23 Jun 2023A227/218/2023

Case brief

AI extract

What is this about?

This petition under Article 227 challenged an order maintaining separate maintenance awards. The Court held that maintenance from different forums must be adjusted. It modified the lower appellate order to ensure the PWDA maintenance was set off against the CrPC maintenance.

What did the court decide?

The impugned order dated 2.12.2022 modified to direct adjustment of maintenance under PWDA against Section 125 CrPC.

Shyam Singh Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:128235

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Court No. - 51

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Case :- MATTERS UNDER ARTICLE 227 No. - 218 of 2023 Petitioner :- Shyam Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajesh Dwivedi,Satyam Pandey Counsel for Respondent :- G.A.,Saurabh Kumar Pandey

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Hon'ble Nalin Kumar Srivastava,J.

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This petition under Article 227 of the Constitution of India has been filed with the prayer to set aside the order dated 2.12.2022 passed by the Sessions Judge, Kanpur Dehat in Criminal Appeal No. 40 of 2022 under Section 29 of Protection of Women from Domestic Violence Act and the order dated 27.2.2019 passed by the Judicial Magistrate IInd, Kanpur Dehat in Case No. 144 of 2013 under Section 12 of the said Act, Police Station Akbarupr, District Kanpur Dehat.

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Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 as well as the learned AGA and perused the entire record.

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The sole point involved in this matter is that if a wife is getting maintenance amount from different forums, it should be adjusted into one or not and that is the main submission made by the learned counsel for the petitioner. In support of his submissions, learned counsel for the petitioner has placed reliance upon the decision of this Court in C.M.W.P. No. 3435 of 2012, Anil Vs. Moni, 2012 (94) ALR 413 .

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Learned AGA though opposes the prayer made in this petition but does not dispute this fact that if orders for maintenance have been passed in favour of wife from different forums, it should invariably be adjusted as per the established legal position.

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I have considered the submissions made by the learned counsel for the parties and have gone through the entire record carefully.

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In this matter, it appears that direction for payment of maintenance amount has been given to the petitioner in favour of his wife Smt. Bhuri Yadav in Case No. 245 of 2014 under Section 125 CrPC and in compliance of the order dated 11.12.2019 passed

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in Misc. Case No. 58 of 2019, arising out of the aforesaid proceeding under Section 125 CrPC, Rs. 1,500/- per month is being paid by the petitioner to his wife and kinds. At the same time in Case No. 944 of 2013 under Section 12 of the Protection of Women from Domestic Violence Act it has been directed by the Judicial Magistrate -II, Ramabai Nagar on 27.2.2019 that the petitioner shall pay Rs. 2,000/- per month to his wife as maintenance.

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A perusal of the impugned appellate order dated 2.12.2022 passed by the Sessions Judge, Ramabai Nagar in Criminal Appeal No. 40 of 2022 goes to show that the learned Appellate Court was also of the view that if an order of maintenance in favour of wife has been passed by different forums, it should be adjusted and in this regard the learned Appellate Court has referred the law laid down by the Hon'ble Apex Court in Rajnesh Vs. Neha, 2021 (2) SCC 324 but in the operative portion of the said order it has not been mentioned that the maintenance amount, which is being received by the wife from different forums, should be adjusted. It is settled law that where successive claims for maintenance are made by a party under different statutes, the Court would consider an adjustment or set-off of the amount awarded in the previous proceedings.

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In the facts and circumstances of the case, it is observed that the amount to be paid by the petitioner as maintenance in Case No. 944 of 2013 under Section 12 of the Protection of Women from Domestic Violence Act shall be adjusted in the amount to be paid in Misc. Case No. 58 of 2019 (Case No. 245 of 2014) arising out of the aforesaid proceeding under Section 125 CrPC. The impugned judgment and order dated 2.12.2022 passed by the concerned Appellate Court shall be read in the light of the observations made in this order and upto that extent the said order dated 2.12.2022 shall stand modified.

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Copy of this order be sent to the Courts concerned.

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With the above observations, the petition stands disposed of accordingly.

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Order Date :- 23.6.2023/safi

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Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad

Shyam Singh v. State of U.P. and Another

Case brief

What is this about?

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Shyam Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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