- Court
- High Court of Punjab and Haryana
- Decided
- 29 August 2024
- Bench
- Harpreet Singh Brar
- Case no.
- CRR(F) 16/2024
Judgment
HARPREET SINGH BRAR, J. (ORAL)
1. The present petition has been preferred against judgment dated
17.11.2023 (wrongly mentioned as 22.11.2023) passed by learned Family Court, Hisar under Section 125 of the Cr.P.C., vide which, interim maintenance of Rs.12,000/- per month (Rs.4,000/- per month to respondent No.1 and Rs.8,000/- per month to respondent No.2) was awarded to the respondents, wife and daughter of the petitioner.
2. The marriage between the petitioner and respondent No.1 was solemnised on 27.11.2004 at Jind in accordance with Hindu rites and ceremonies. Out of this wedlock, two children (one male and one female) were born. Daughter (respondent No.2 herein) is residing with respondent No.1 and son is residing with the petitioner. 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 impugned order dated CRR(F)-16-2024 (O & M) 2
17.11.2023 granted interim maintenance Rs.12,000/- per month in favour of the respondents. 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 petitioner has mentioned his salary as Rs.19,819 in his affidavit of assets and liabilities, however, the learned Court below has fallen into grave error by awarding Rs.12,000/- per month as interim maintenance to the respondents. The petitioner is also bearing the responsibility of one child, who is living with him.
4. Mr. A.K. Agnihotri, Advocate has put in appearance on behalf of the respondents and per contra, learned counsel submits that respondent No.1 has no source of income and respondent No.2 is school going, therefore, she is unable to maintain herself and her daughter.
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 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 CRR(F)-16-2024 (O & M) 3
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 and parents should not be left in a helpless state of distress, destitution and starvation." CRR(F)-16-2024 (O & M) 4
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 following directions in exercise of our powers under Article 142 of the Constitution of India: MANISHA CRR(F)-16-2024 (O & M) 5
(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 proceedings, including pending proceedings before the concerned CRR(F)-16-2024 (O & M) 6
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."
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 CRR(F)-16-2024 (O & M) 7
placed before it at the time of deciding the petition for interim maintenance. The learned Family Court has observed that the petitioner has transferred the land in favour of his mother inherited from his father without any sale consideration. As such, it would be a moot point to be decided by learned Family Court on the basis of evidence adduced by the parties, whether in view of the provisions contained in Section 39 of the Transfer of Property Act, income from this property cannot/can be taken into consideration at the time of assessing the actual income of the petitioner, while finally deciding the petition under Section 125 Cr.P.C. Moreover, the amount of maintenance awarded by learned Family 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 Family Court 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.
12. Nothing observed hereinabove shall be construed to be an expression of opinion by this Court lest it may prejudice the trial. The learned Family Court is directed to proceed with the trial on its own merits, strictly in accordance with law.
13. Pending miscellaneous application(s), if any, also stand(s) disposed of.
(HARPREET SINGH BRAR) August 29, 2024 JUDGE manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
Case details
Parties and counsel
235 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR(F)-16-2024 (O & M) Date of decision: 29.08.2024 NARESH POONIA ...PETITIONER V/S NIRMALA AND ANOTHER ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Pradeep Duhan, Advocate for the petitioner. Mr. A.K. Agnihotri, Advocate for the respondents. 0000
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