- Court
- High Court of Punjab and Haryana
- Decided
- 11 September 2024
- Bench
- Harpreet Singh Brar
- Case no.
- CRR(F) 1683/2023
Judgment
HARPREET SINGH BRAR, J. (ORAL)
1. The present petition has been preferred against judgment dated
20.10.2023 passed by learned Family Court, Ludhiana under Section 125 of the Cr.P.C., vide which, interim maintenance of Rs.10,000/- per month was awarded in favour of respondent No.2, minor daughter of the petitioner.
2. The marriage between the petitioner and respondent No.1 was solemnised on 16.01.2019 at Delhi in accordance with Hindu rites and ceremonies. Out of this wedlock, one female child (respondent No.2 herein) was born. However, matrimonial dispute ensued between the couple and respondents filed a petition under Section 125 Cr.P.C. seeking maintenance. The petitioner filed a reply and contested the claim made by the respondents. The learned Court below vide order dated 20.10.2023 granted interim maintenance Rs.10,000/- per month in favour of respondent No.2. Aggrieved by the same, the petitioner has approached this Court by filing the present petition.
3. Learned counsel for the petitioner inter alia contends that the monthly income of the petitioner is only Rs.40,000/-. On the other hand, CRR(F)-1683-2023 (O & M) 2
respondent No.1-wife of the petitioner is a Govt. PGT Teacher and she is residing in a government accommodation and her monthly salary is more than Rs.1 lac. As such, respondent No.1 is capable of maintaining respondent No.2 and petitioner has already been making payment of Rs.3,000/- per month to respondent No.2 in collateral proceedings initiated under the provisions of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act'). As such, the petitioner cannot be held liable to pay maintenance in two separate proceedings.
4. Mr. Naveen Bawa, Advocate has put in appearance on behalf of the respondents and filed his vakalatnama which is taken on record. Registry is directed to tag the same at the appropriate place. Per contra, learned counsel submits that the petitioner has challenged the order vide which, the interim maintenance has been awarded and at this stage, the parties are yet to prove their case and evidence has to be led in support of their respective claims and petitioner can seek setting off/adjustment of the amount being paid under the provisions of 'the Act' at the time of final disposal.
5. Having heard the learned counsel for the parties and after perusing the record with their able assistance, this Court finds no force in the arguments advanced by learned counsel for the petitioner.
6. The object and purpose behind granting interim 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 CRR(F)-1683-2023 (O & M) 3
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.
7. A three-Judge Bench of the Hon'ble Supreme Court in Vimala (K.) v. Veeraswamy (K.)(1991) 2 SCC 375, speaking through Justice Fatima Beevi, opined that 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." A two-Judge Bench of the Hon'ble Supreme Court in Kirtikant D. Vadodaria v. 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 that the dominant and primary object is to give social justice to the woman, child and infirm parents, etc. and to prevent destitution and vagrancy by compelling those who can support those who are unable to support themselves but have a moral claim for support. The provisions in Section 125 provide a speedy remedy to those women, children and destitute parents who 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 clearly is that the wife, child CRR(F)-1683-2023 (O & M) 4
and parents should not be left in a helpless state of distress, destitution and starvation."
8. Another objective the legislature has sought to achieve by this provision is to provide interim maintenance pendente lite to the applicant spouse during proceedings emerging out of matrimonial disputes so that the she/he can maintain herself/himself, have sufficient funds to pursue the litigation, and not suffer at the instance of the affluent spouse.
9. 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 interim maintenance which is just and fair in terms of principle of equistatus. The quantum of interim maintenance must be justifiable and realistic to provide succour to the dependent spouse and also to avoid occurrence of the two extremes of the interim maintenance being either paltry or extravagant, ensuring that neither of the two is reduced to a life of penury. The adequacy of the interim maintenance allowance has to be determined by the yardstick of the dependent spouse being able to lead a life of reasonable comfort.
10. While dealing with the issue of maintenance in extenso, a two Judge bench of the Hon'ble Supreme Court in Rajnesh v. Neha and another
(2021) 2 SCC 324, laid down the criteria for determining quantum of maintenance and issued the following directions: VI Final Directions
130. In view of the foregoing discussion as contained in Part B - 1 to V of this judgment, we deem it appropriate to pass the MANISHA CRR(F)-1683-2023 (O & M) 5
following directions in exercise of our powers under Article 142 of the Constitution of India:
(a) Issue of overlapping jurisdiction
131. To 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
132. The 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 CRR(F)-1683-2023 (O & M) 6
proceedings, 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
133. For 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.
134. The 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
135. We 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
136. For 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." CRR(F)-1683-2023 (O & M) 7
11. A perusal of the impugned order passed by the learned Family Court makes it evident that the Court below has duly considered the material placed before it at the time of deciding the petition for interim maintenance. The learned Family Court has observed that admittedly, the petitioner is earning Rs.40,000/- per month and he is an able-bodied person and it is trite law that an able-bodied person is legally and morally bound to maintain his wife. Moreover, both petitioner and respondent No.1 are earning and are liable to maintain their minor child i.e. respondent No.2, and the amount of maintenance awarded by learned Court below is only interim in nature subject to an adjustment at the time of final disposal and the parties are yet to prove their respective pleadings before the learned Court below by adducing evidence in their support. Learned counsel for the petitioner has not been able to indicate any perversity in the impugned order which warrants interference by this Court. Accordingly, the present petition is dismissed being bereft of any merit. At the same time, the learned trial Court is directed to pass an appropriate order for setting off and adjustment of respective claims strictly in accordance with the guidelines issued by the Hon'ble Apex Court in Rajnesh (supra) this Court at the time of final order.
12. Nothing observed hereinabove shall be construed to be an expression of opinion by this Court lest it may prejudice the trial. The learned Court below is directed to proceed with the trial on its own merits, strictly in accordance with law.
(HARPREET SINGH BRAR) September 11, 2024 JUDGE manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
Case details
Parties and counsel
216 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR(F)-1683-2023 (O & M) Date of decision: 11.09.2024 SANDIP YADAV ...PETITIONER V/S PRIYA RAWAT AND ANOTHER ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Ms. Bhupinder Kaur, Advocate for the petitioner. Mr. Naveen Bawa, Advocate for the respondents. 0000
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