Judgment :-

S.B. SINHA, J:

Leave granted.

Respondent Monica married Vikas Sharma (Vikas), son of the appellants herein. Vikas was a divorcee. He obtained the decree of divorce on or about 8th July, 2003 passed by the Civil Court in Lubumbashi, Congo. He had two children born on 23rd April, 1999 and 8th July, 2000 respectively from his first wife.

Indisputably, Vikas as also the appellants are engaged in the family business of import and export of about 150 commodities. Vikas was the Managing Director of the family managed Company since 1994 having its operating business places at Delhi, Bangkok, Shanghai, Brussels, Johannesburg, Kinshasa, Lubumbashi, Uganda, etc. Vikas and the appellants ordinarily live in Congo. They have a residential house also at Lajpat Nagar, New Delhi.

Negotiation between Vikas and the respondent - Monica took place through an agency known as `Sycorian Matrimonial Services. The marriage took place at Sanatan Dharam Mandir Hall, Delhi on 16.1.2004. It was also registered with the Registrar of Marriages, MB Road Saket, New Delhi on 22.1.2004. Immediately thereafter, i.e., on or about 25.1.2004, the couple left India and stayed in Johannesburg, South Africa for about 10 days. They thereafter left for Lubumbashi, Conga, Africa. They stayed there for 2 months in their matrimonial home. The relationship between the parties was cordial during that period.

Monica came back to India on 5.4.2004. She stayed at her matrimonial home at Lajpat Nagar, New Delhi till 10.5.2004 with the appellants. She again left for Lubumbashi, Africa to join her husband. However, the relationship between the parties deteriorated thereafter. They came back to India on 21.5.2004. Monica allegedly took all her belongings from Congo including clothes and the jewelry which she had been carrying.

On or about 26.5.2004, Vikas and the respondent visited Dr. Nagpal, a psychiatrist at Vim Hans Hospital for consultation to ascertain the reason for the non-compatibility and discord between them. Dr. Nagpal advised them to make their matrimonial life successful.

Vikas left for Congo on 27.5.2004 hoping that Monica would change her mind in regard to the future of their marriage and they should take a decision in regard to her going back thereto later. She, however, for one reason or the other, went to her parents house on 14.6.2004 and took all her belongings including the jewelry articles which she had been carrying.

Allegedly, during that period, appellant No.2 humiliated her by various acts to which we would advert to a little later.

It is borne out from the records that during this entire period including the period after she left her matrimonial home in June 2004, parties communicated with each other through e-mails.

Monica filed a complaint marked as Complaint No. 287/1A under Sections 498A, 406 and 34 of the Indian Penal Code (for short, "IPC") against her husband Vikas and the appellants on 9.9.2004. On the same day, an application for grant of maintenance was also filed in the Court of learned Additional Chief Metropolitan Magistrate, Patiala House Courts, New Delhi under Section 125 of the Code of Criminal Procedure (for short, "the Code") claiming maintenance of a sum of Rs.2 lakhs per month as also an order of an interim maintenance of Rs.2 lakhs per month till the disposal of the case. She was examined by the learned Metropolitan Magistrate Patiala House, New Delhi on 30.11.2004. Evidences were recorded whereafter summons had been issued on 21.3.2005 by the learned Metropolitan Magistrate. Her application for grant of interim maintenance was also allowed by the learned Metropolitan Magistrate by an order dated 10.5.2005 and granted interim maintenance at the rate of Rs.5,000/- per month.

Non bailable warrants of arrest were also issued against the appellants as also Vikas on 29.6.2005.

The respondent being not satisfied with the quantum of maintenance as granted by way of an interim arrangement filed a Revision Application before th