IMPORTANT POINT
While determining quantum of maintenance factors like qualification, life style etc have to be considered.

JUDGMENT :

A.M. Khanwilkar, J.

1. Leave granted.

2. This appeal takes exception to the judgment and order passed by the High Court of Delhi at New Delhi dated May 31, 2018 in Revision Petition (Criminal) No.204 of 2015, whereby the High Court partly allowed the revision petition preferred by the appellant and was pleased to set aside the judgment and order dated 28th January, 2015 in Petition No.363 of 2014, passed by the Judge, Family Courts, North Rohini, Delhi, to the limited extent of not granting maintenance amount to the appellant/wife from 10th December, 2010 onwards. The High Court instead directed the respondent/husband to pay the maintenance amount at the rate of Rs.9,000/- per month from 9th December, 2010 onwards to the appellant/wife.

3. There is a chequered history of litigation between the parties. Shorn of unnecessary details, the relevant facts for determination of the present appeal are that the appellant and the respondent got married on 24th March, 2002, according to Hindu rites and ceremonies at Infantry Hostel, Delhi Cantonment, Delhi. The respondent, being a permanent resident of Canada, had assured the appellant that he would take her with him to Canada on 28th March, 2002 on a Tourist Visa. However, soon after the marriage, relations between the appellant and the respondent became strained. The respondent, being a permanent resident of Canada, returned to Canada without making any arrangements to take the appellant to Canada even on a Tourist Visa, as assured. Rather, he caused impediments in issuance of the Tourist Visa to the appellant, by giving an application in writing in that behalf to the Canadian Immigration Department. As relations between the appellant and the respondent became strained, the appellant filed a complaint before the Women Cell against the respondent and her in-laws.

On 16th July, 2003, she also filed an application under Section 125 of the Code of Criminal Procedure for grant of maintenance of Rs.2 lakh per month from the respondent before the Chief Metropolitan Magistrate, Delhi. Be it noted that during the pendency of the said application, interim maintenance amount was fixed, which issue travelled upto this Court by way of Criminal Appeal Nos.2347-2349/2014, which was disposed of by this Court on 28th October, 2014 on the finding that the cause of justice would be sub-served if the appellant was granted a sum of Rs.20,000/- per month as interim maintenance commencing from November 1, 2014. However, for the reasons stated by the Family Court in its judgment dated 28th January, 2015, the final maintenance amount was fixed at Rs.10,000/- per month starting from 17th July, 2003 till 8th December, 2010 and no maintenance was granted with effect from 8th December, 2010. The application for maintenance, filed in 2003, was finally disposed of on 28th January, 2015 in the following terms:

“Relief:

In view of my finding on issue no.1 above the petition u/s 125 Cr.P.C. is partly allowed and the respondent is directed to pay maintenance to the petitioner as under:-

1. From the date of filing of the petition i.e. 17.07.2003 till 08.12.2010, @ of Rs.10,000/- per month.

2. With effect from 08.12.2010 onwards the petitioner is not entitled to any maintenance and her claim in this respect stands dismissed. The respondent shall clear off the arrears of maintenance if any, within three months from the date of order. Any payment made towards interim maintenance during the pendency of the present petition and any maintenance paid for the concurrent period, as per the order passed by any other competent court in any other proceeding/litigation between the parties, the money already deposited by the orders of the Superior Courts or by the order of the predecessor of this court, by the respondent shall be adjusted, if required. No orders as to costs.

File be consigned to record-room.”

4. Against this decision, the appellant filed a revision petition before the High Court being Revision Petition (Criminal) No.2