- Court
- High Court of Punjab and Haryana
- Decided
- 15 May 2024
- Bench
- Harpreet Singh Brar
- Case no.
- CRR(F) 610/2022
Judgment
CRR(F)-610-2022 1 211 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 14.05.2024 Pronounced on: 15.05.2024
¶1 CRR(F)-610-2022 (O&M) Deepak ...Petitioner versus Khushboo and others ...Respondents
¶2 CRR(F)-1630-2023 (O&M) Khushboo and others ...Petitioner versus Deepak ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Rajnikant Upadhyay, Advocate for the petitioner in CRR(F)-610-2022 and respondent in CRR(F)-1630-2023 Mr. Kapil Singla, Advocate for the petitioners in CRR(F)-1630-2023 respondents in CRR(F)-610-2022 and 0000 HARPREET SINGH BRAR J. CRM-48373-2023 in CRR(F)-1630-2023 The present application is preferred under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 519 days in filing the instant revision petition. For the reasons mentioned in the application, the same is allowed and the delay of 519 days in filing the present revision petition stands CRR(F)-610-2022 2 CRR(F)- 61 0-202 2 and CRR(F)-1630-2023
¶1This common order shall dispose off both the above mentioned revision petitions as they arise from identical factual matrix. However, for the sake of brevity, the facts are taken from CRR(F)-610-2022.
¶2The present revision petition has been preferred against the impugned judgment dated 06.06.2022 passed by the learned Principal District Judge, Family Court, Sonipat whereby the respondents have been granted Rs. 10,000/- per month as maintenance under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.').
¶3Briefly, the facts are that the marriage between the petitioner and respondent No.1 was solemnised on 09.11.2013 and out of this wedlock, two daughters- respondents No.2 and 3 were born. Respondent No.1-wife was constantly harassed by the petitioner and his family causing her to reside separately. She also attempted to die by suicide on various occasions, owing to the matrimonial disharmony. In July, 2019, respondent no.1 left the company of the petitioner and started residing at her paternal house. Efforts were made to rehabilitate respondent No.1 but all in vain. Rather, respondent No.1 got lodged an FIR bearing No. 111 dated 17.12.2019 under Sections 294, 323, 377, 406, 498-A, 506, 34 IPC against the petitioner. Owing to the matrimonial discord, respondent no.1 filed an application under Section 125 Cr.P.C. seeking maintenance wherein she was granted a monthly allowance of Rs. 4,000/- while respondents No.2 and 3 were granted Rs. 3,000/- each vide impugned judgment dated 06.06.2022. Aggrieved by the same, the petitioner-husbnad has preferred the revision petition bearing no. CRR(F)-610-2022 seeking setting aside of the impugned judgment while respondent no.1-wife along with respondents no.2 and 3-minor children has preferred the revision CRR(F)-610-2022 3 petition bearing no. CRR(F)-1630-2023 seeking enhancement of the quantum of maintenance.
¶4Learned counsel for the petitioner-husband, inter alia, contends that the petitioner had started residing separately from his parents for the sake of respondent No.1, who left his company for reasons known best to her. Further, respondent No.1 is an educated lady who has been earning Rs. 20,000 per month by doing tailoring work. On the other hand, the petitioner is currently unemployed and previously, he was earning Rs. 17,000/- per month out of which he also maintained his elderly mother. Finally, the petitioner has also filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955, which is pending consideration for possibility of reconciliation before learned Family Court, Sonipat.
¶5Per contra, learned counsel for the respondents submits that respondent no.1 has no independent source of income to maintain herself and their minor daughters, while the petitioner is working at SSICL Shoe Company, Industrial Area, Kundli, Sonipat and getting a salary of about Rs. 40,000/- per month. It is further contended that the quantum of maintenance granted by the learned Court below falls on the lower side considering the cost of living in the present day and age. Respondents No.2 and 3 have been granted Rs. 3,000/- per month each as maintenance, however, that would not cover their basic necessities like vaccinations, clothing and books. As such, learned counsel prays that the maintenance granted qua the minor children i.e. respondents No. 2 and 3 be enhanced.
¶6Having heard learned counsel for the parties and after perusing the record with their able assistance, it transpires that respondent No. 1-wife has CRR(F)-610-2022 4 been granted a sum of Rs. 4,000/- per month and respondents No. 2 and 3-minor children have been granted Rs. 3,000/- each as maintenance under Section 125 Cr.P.C. vide impugned judgment dated 06.06.2022.
¶7The object and purpose behind granting maintenance is to ensure that the dependent spouse is not reduced to destitution or vagrancy on account of failure of marriage. At the same time, a just and careful balance must be struck to ensure that this provision does not degenerate into a weapon to punish the other spouse. The Courts are required to conduct the maintenance proceedings, while being alive to the legislative intent behind the provision under Section 125 Cr.P.C in its true spirit, which is to provide speedy assistance and social justice to women, children and infirm parents. The provisions of Section 125 Cr.P.C. were enacted as a measure to further social justice and protect dependent women, children and parents, which also fall within the constitutional sweep of Article 15(3) reinforced by Article 39 of the Constitution of India.
¶8A three-Judge Bench of the Hon'ble Supreme Court in Vimala (K.) Vs. Veeraswamy (K.) (1991) 2 SCC 375, speaking through Justice Fatima Beevi, opined as follows: "3. Section 125 of the Code of Criminal Procedure is meant to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing, and shelter to the deserted wife."
¶9Further, a two-Judge Bench of the Hon'ble Supreme Court in Kirtikant D. Vadodaria Vs. State of Gujarat (1996) 4 SCC 479, speaking through Justice Faizan Uddin, opined as follows: "15... While dealing with the ambit and scope of the provision contained in Section 125 of the Code, it has to be borne in mind CRR(F)-610-2022 $ that the dominant and primar! object is to ive social justice to the #oman, child and infirm parents, etc. and to prevent destitution and va ranc! b! compellin those #ho can support those #ho are unable to support themselves but have a moral claim for support. The provisions in Section 125 provide a speed! remed! to those #omen, children and destitute parents #ho are in distress. The provisions in Section 125 are intended to achieve this special purpose. The dominant purpose behind the benevolent provisions contained in Section 125 clearl! is that the #ife, child and parents should not be left in a helpless state of distress, destitution and starvation.$ !". Another otijective the &e(is&at*re has so*(ht to achieve 0y this provision is to provide -aintenance pendente lite to the app&icant spo*se d*rin( proceedin(s e-er(in( o*t of -atri-onia& disp*tes so that she5he can -aintain herse&f5hi-se&f, have s*fficient f*nds to p*rs*e the &iti(ation, and not s*ffer at the instance of the aff&*ent spo*se. !!. There is a general tendency on the part of the wife to amplify her needs and the husband to conceal his actual income, making it difficult to determine the earning capacity of the rival claimants with exactitude. The rival claimants must scrupulously bring on record their actual respective earning capacities in order for the Court to arrive at quantum of maintenance which is just and fair in terms of principle of equistatus. The quantum of maintenance must be justifiable and realistic to provide succour to the dependent spouse and also to avoid occurrence of the two extremes of the maintenance being either paltry or extravagant, ensuring that neither of the two is reduced to a life of penury. The adequacy of the maintenance allowance has to be determined by the yardstick of the dependent spouse being able to lead a life of reasonable CRR(F)-610-2022 6
¶12While dealing with the issue of maintenance in extenso, a two Judge bench of the Hon'ble Supreme Court in Rajnesh vs. Neha and another
(2021) 2 SCC 324, laid down the criteria for determining quantum of maintenance and issued the following directions: "III Criteria for determining quantum of maintenance
(i) The objective of granting interim/permanent alimony is to ensure that the dependant spouse is not reduced to destitution or vagrancy on account of the failure of the marriage, and not as a punishment to the other spouse. There is no straitjacket formula for fixing the quantum of maintenance to be awarded.
¶82The factors which would weigh with the Court inter alia are the status of the parties; reasonable needs of the wife and dependent children; whether the applicant is educated and professionally qualified; whether the applicant has any independent source of income; whether the income is sufficient to enable her to maintain the same standard of living as she was accustomed to in her matrimonial home; whether the applicant was employed prior to her marriage; whether she was working during the subsistence of the marriage; whether the wife was required to sacrifice her employment opportunities for nurturing the family, child rearing, and looking after adult members of the family; reasonable costs of litigation for a non-working wife. Refer to Jasbir Kaur Sehgal v. District Judge, Dehradun and others
(1997) 7 SCC 7. Refer to Vinny Paramvir Parmar v. Paramvir Parmar (2011) 13 SCC 112.
¶83In Manish Jain v. Akanksha Jain (2017) 15 SCC 801, this Court held that the financial position of the parents of the applicant-wife, would not be material while determining the quantum of maintenance. An order of interim maintenance is conditional on the circumstance that the wife or husband who makes a claim has no independent income, sufficient for her or his support. It is no answer to a claim of maintenance that the wife is educated and could support herself. The court must take into consideration the status of the parties and the capacity of the spouse to pay for her or his support. Maintenance is dependent upon factual situations; the Court should mould the claim for maintenance based on various factors brought before it.
84. On the other hand, the financial capacity of the husband, his actual income, reasonable expenses for his own maintenance, and dependent family members whom he is obliged to maintain under CRR(F)-610-2022 7 the law, liabilities if any, would be required to be taken into consideration, to arrive at the appropriate quantum of maintenance to be paid. The Court must have due regard to the standard of living of the husband, as well as the spiralling inflation rates and high costs of living. The plea of the husband that he does not possess any source of income ipso facto does not absolve him of his moral duty to maintain his wife if he is able bodied and has educational qualifications. Reema Salkan v. Sumer Singh Salkan (2019) 12 SCC 303.
(ii) A careful and just balance must be drawn between all relevant factors. The test for determination of maintenance in matrimonial disputes depends on the financial status of the respondent, and the standard of living that the applicant was accustomed to in her matrimonial home. Chaturbhuj v. Sita Bai (2008) 2 SCC 316.
85. The maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes i.e. maintenance awarded to the wife should neither be so extravagant which becomes oppressive and unbearable for the respondent, nor should it be so meagre that it drives the wife to penury. The sufficiency of the quantum has to be adjudged so that the wife is able to maintain herself with reasonable comfort.
(iii) Section 23 of HAMA provides statutory guidance with respect to the criteria for determining the quantum of maintenance. Sub-section (2) of Section 23 of HAMA provides the following factors which may be taken into consideration: (i) position and status of the parties, (ii) reasonable wants of the claimant, (iii) if the petitioner/claimant is living separately, the justification for the same, (iv) value of the claimant's property and any income derived from such property, (v) income from claimant's own earning or from any other source.
(iv) Section 20(2) of the D.V. Act provides that the monetary relief granted to the aggrieved woman and/or the children must be adequate, fair, reasonable, and consistent with the standard of living to which the aggrieved woman was accustomed to in her matrimonial home.
(v) The Delhi High Court in Bharat Hedge v. Smt. Saroj Hegde 40 (2007) DLT 16 laid down the following factors to be considered for determining maintenance: "1. Status of the parties.
2. Reasonable wants of the claimant.
3. The independent income and property of the claimant.
¶4 The number of persons, the non-applicant has to CRR(F)-610-2022 8 maintain.
5. The amount should aid the applicant to live in a similar lifestyle as he/she enjoyed in the matrimonial home.
6. Non-applicant's liabilities, if any.
7. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.
8. Payment capacity of the non-applicant.
9. Some guess work is not ruled out while estimating the income of the non-applicant when all the sources or correct sources are not disclosed.
10. The non-applicant to defray the cost of litigation.
¶11 The amount awarded under section 125 Cr.PC is adjustable against the amount awarded u/s 24 of the Act."
(vi) Apart from the aforesaid factors enumerated hereinabove, certain additional factors would also be relevant for determining the quantum of maintenance payable. xxx xxx xxx VI Final Directions
¶130In view of the foregoing discussion as contained in Part B - 1 to V of this judgment, we deem it appropriate to pass the following directions in exercise of our powers under Article 142 of the Constitution of India:
(a) Issue of overlapping jurisdiction
¶131To overcome the issue of overlapping jurisdiction, and avoid conflicting orders being passed in different proceedings, it has become necessary to issue directions in this regard, so that there is uniformity in the practice followed by the Family Courts/District Courts/Magistrate Courts throughout the country. We direct that:
(i) where successive claims for maintenance are made by a party under different statutes, the Court would consider an adjustment or setoff, of the amount awarded in the previous proceeding/s, while determining whether any further amount is to be awarded in the subsequent proceeding:
(ii) it is made mandatory for the applicant to disclose the previous proceeding and the orders passed therein, in the subsequent proceeding;
(iii) if the order passed in the previous proceeding/s requires any modification or variation, it would be required to be done in the same proceeding
(b) Payment of Interim Maintenance
¶132The Affidavit of Disclosure of Assets and Liabilities annexed as Enclosures I, II and III of this judgment, as may be applicable, shall be filed by both parties in all maintenance proceedings, CRR(F)-610-2022 9 including pending proceedings before the concerned Family Court / District Court / Magistrates Court, as the case may be, throughout the country.
(c) Criteria for determining the quantum of maintenance
¶133For determining the quantum of maintenance payable to an applicant, the Court shall take into account the criteria enumerated in Part B III of the judgment.
¶134The aforesaid factors are however not exhaustive, and the concerned Court may exercise its discretion to consider any other factor/s which may be necessary or of relevance in the facts and circumstances of a case.
(d) Date from which maintenance is to be awarded
¶135We make it clear that maintenance in all cases will be awarded from the date of filing the application for maintenance, as held in Part B-IV above.
(e) Enforcement/Execution of orders of maintenance
¶136For enforcement/execution of orders of maintenance, it is directed that an order or decree of maintenance may be enforced under Section 28A of the Hindu Marriage Act, 1956; Section 20(6) of the D.V. Act; and Section 128 of Cr.P.C may be applicable. The arder of maintenance may be enforced as a money decree of a civil court as per the provisions of the CPC more particularly Sections 51, 55, 58, 60 r.w. Order XXI."
¶13The learned Family Court rightly recorded in the impugned judgment dated 06.06.2022 that being an able bodied person, the petitioner-husband is duty bound to seek adequate employment and maintain his wife and children. A perusal of the order passed by this Court on 02.03.2023 indicates that the petitioner-husband is now employed at an eatery and earning Rs. 15,550/- per month. A careful and just balance has been drawn, keeping in view the spiralling inflation rates and high cost of living corresponding to the reasonable needs of the respondents, to arrive at the said quantum of maintenance. Learned counsel for the parties has been unable to indicate any perversity in the impugned order which could warrant interference by this CRR(F)-610-2022 10
¶14Accordingly, both the abovementioned revision petitions stand dismissed. Pending miscellaneous application(s), if any, shall also stand disposed of.
(HARPREET SINGH BRAR)
15.05.2024 JUDGE Ajay Goswami
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
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