1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2996 OF 2010 Bharat Vithal Kale ..Petitioner -VERSUS- Shobha Bharat Kale ..Respondent .... Mr.V.B. Dhage holding for Mr.A.M. Gaikwad, Advocate for petitioner. Mr.B.N. Palve, Advocate for respondent. .... (CORAM : V.R.KINGAONKAR,J.) DATE : 9th June, 2010. PER COURT : 1. Heard the learned counsel. 2. The petitioner is husband of the respondent and has challenged the order dated 23rd July, 2008, whereby Jangam warrant is directed to be issued for recovery of arrears of maintenance allowance. 3. The counsel for petitioner submits that the petitioner is already paying Rs.900/- per month in the proceedings under Section 125 of the Criminal Procedure Code, and such, the payment should be duly appropriated by the Executing Court. It appears that the petitioner deposited only Rs.7,000/- in the 2 proceedings of H.M.P. No.82/2001 towards arrears of interim maintenance allowance awarded by Matrimonial Court. He is required to pay interim maintenance of Rs.700/- per month in the said proceedings. He is also required to pay Rs.900/- per month in the proceedings under Section 125 of the Criminal Procedure Code. It is true that the payments made in one of such proceedings can be adjusted towards payment required to be made in another proceedings. However, it is for the petitioner to give details of such payments before he would claim any immunity from issuance of Jangam warrant. 4. Considering the facts situation of the present case, I do not find any substance in the Petition. The petition is therefore dismissed with a direction that the issuance of Jangam warrant may be effected after giving opportunity to the petitioner to explain the details of actual payments made by him in both the proceedings and after making due adjustment of such payments, if the explanation is given within a period of three weeks hereafter. Needless to say, the issuance of Jangam warrant as per the impugned order is kept in abeyance for three weeks. The petition is disposed of accordingly. (V.R.KINGAONKAR) JUDGE gas/wp2996.10