Learned advocate for the petitioner, placing reliance on the decision of the Apex Court in the case of Sudeep Chaudhary v. Radha Chaudhary [1997(11) SCC 286] submitted that the amount for maintenance awarded under section 24 of the Hindu Marriage Act, 1955 is adjustable while considering the case under section 125 of the Criminal Procedure Code and vice versa.
It is, therefore, submitted that non-consideration of the above aspect in the impugned order by the learned Judge is contrary to the above decision.
Considering the above aspect, issue notice returnable on 15th February, 2012. The petitioner is permitted to serve through Registered Post Ad.
In the meanwhile, ad-interim relief in terms of para 19[B] is granted.
Direct service is permitted.
[Anant S. Dave, J.] *pvv Top