- Court
- High Court of Punjab and Haryana
- Decided
- 14 August 2024
- Bench
- Harpreet Singh Brar
- Case no.
- CRR(F) 157/2021
Judgment
HARPREET SINGH BRAR, J. (ORAL)
1. The present petition has been preferred against the impugned order dated 24.02.2021, passed by the learned Family Court, Rohtak, vide which, application seeking interim maintenance under Section 125 of the Cr.P.C. filed by the respondent-wife has been allowed.
2. The marriage between the petitioner and the respondent was solemnized on 05.02.2018, in accordance with Hindu rites and rituals. Out of the wedlock, no child was born. However, after some time of marriage, the matrimonial dispute ensued between the couple and the respondent filed a petition under Section 125 Cr.P.C. seeking maintenance. The petitioner filed a reply and contested the claim made by the respondent. The learned Family Court vide order dated 24.02.2021, awarded the interim maintenance for an amount of Rs.5,000/- per month in favour of the respondent. 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 learned Family Court has not considered the actual income of the petitioner at the time of awarding interim maintenance of Rs.5,000/- per month. Moreover, the CRR(F)-157-2021 2
ndpetitioner has left his job and currently, he is unemployed and studying in 2 year of LLB.
4. The office report indicates that notice issued to respondent has been received back served through her mother, however, there is no representation on her behalf. As such, this Court is left with no other option except to decide the case on its own merits.
5. Having heard the learned counsel for the petitioner, it transpires that there are so many disputed questions of facts, which are to be decided at the time of trial and the maintenance awarded to the respondent is interim in nature. The parties are yet to prove their case, by leading their respective evidences.
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 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: CRR(F)-157-2021 3
"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."
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. CRR(F)-157-2021 4
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:
(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 CRR(F)-157-2021 5
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 Family Court / District Court / Magistrates Court, as the case may be, throughout the country.
(c) Criteria for determining the quantum of maintenance CRR(F)-157-2021 6
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 placed before it for determining the quantum of interim maintenance. The learned Family Court has rightly observed that at the time, when this order was passed, the petitioner was working as Conductor in DTC on contract basis. It is trite law that an able-bodied husband is legally and morally bound to CRR(F)-157-2021 7
maintain his wife. However, if the husband is unemployed or documentary proof qua his income is not available, it can be reasonably assumed that he can work as a labourer and earn the prevalent minimum wage. Reliance in this regard can be placed on judgments rendered by the Hon'ble Supreme Court in Bhuwan Mohan Singh vs. Meena 2014(3) R.C.R(Criminal) 723 and this Court in Amanjot Singh vs. Rajwant Kaur 2017(1) R.C.R(Criminal) 1070, Satish @Bittoo vs. Suresh Devi 2018(1) Law Herald 595, Dalip Kumar @ Deepa vs. Sunita and another 2012(2) R.C.R.(Criminal) 434 and Sandeep vs. Suman in CR-1802-2023 decided on 22.03.2023.
12. Thus, 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 respondent. 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 revision petition is dismissed being bereft of any merit.
13. Nothing observed hereinabove shall be construed to be an expression of opinion by this Court lest it may prejudice the trial. The learned trial Court is directed to proceed with the trial on its own merits, strictly in accordance with law.
(HARPREET SINGH BRAR) August 14, 2024 JUDGE manisha
(i) Whether speaking/reasoned Yes/No
(ii) Whether reportable Yes/No
Case details
Parties and counsel
224 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR(F)-157-2021 (O & M) Date of decision: 14.08.2024 BHUPENDER SINGH ...PETITIONER V/S SUMAN ...RESPONDENT CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Vinod Kumar, Advocate for the petitioner. 0000
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