IMPORTANT POINT
Maintenance – Court is not powerless but can issue appropriate directions and even decrees for doing complete justice between parties.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. With consent, heard the counsel for parties. The present miscellaneous application has been filed in one disposed of criminal appeal¹[Crl. A. No.s 85-86/2021.] in which this court granted bail to the mother-in-law and father-in-law (Petitioners herein) of the Respondent No.2 herein (hereafter “R2” or “applicant” interchangeably) for offences under 420, 406, 468, 34, 120B of IPC.

2. The present applications are filed by the daughter in law (original complainant and R2) for recovery of both arrears of maintenance and monthly maintenance of Rs.1,27,500. She is seeking from this court to direct to the family court of Bilaspur to decide the petition under Section 125(3) of CrPC within 6 months on the father-in-law and mother-in-law (now deceased) on the ground that she lives with her widowed mother, on whom she is dependent for expenses, including litigation expenses.

3. The factual background of the case is that Petitioner’s son, Mr. Varun Gopal got married to R2 sometime in the year 2012-13. At the relevant time, Varun Gopal was employed in Australia. Within two years of marriage, the matrimonial relationship deteriorated leading to various legal proceedings. In response to the criminal charges pressed by R2, Varun Gopal filed anticipatory bail application, but relief was denied to him. Since then, Varun Gopal has not participated in the criminal proceedings or in the maintenance proceedings. The present petitioners also sought anticipatory bail to which orders were passed by this Court directing them to deposit Rs.40 lakhs towards arrears of maintenance. The money having been not deposited, the anticipatory bail was not granted and they were arrested. After 10 months in custody, this court by order dated 12.07.2019 directed their release on bail.

4. In addition to criminal charges, R2 also filed a maintenance²[vide MJC No. 14/2016] claim in the Family Court, Bilaspur. By order dated 9.11.2016, the Trial Court granted interim maintenance in sum of Rs. 1 Lakh per month. Subsequently, the husband filed criminal revision petition³[CR. R. No. 90/2017] seeking setting aside of ex-parte interim maintenance order which got dismissed in default whereas R-2 also filed criminal revision petition⁴[CR. R. No. 1102/2019] seeking an enhancement and by order dated 7.4.2021, it was enhanced to Rs.1,27,500.

5. According to the applicant, Varun Gopal is the sole heir of the petitioner and stands to inherit 11 shops in ancestral property, which the Petitioner got on the basis of Decree dated 29.5.1959. Further, Mr. Varun Gopal is settled in Australia where he obtained an ex-parte divorce decree dated 21.12.2017, by the family court of Australia. R2 has filed a suit for cancellation of divorce on 8.11.2021⁵[Bearing case No. 139/2022] in the family court of Bilaspur, which is pending disposal. In the meantime, husband has remarried and now has two kids from his second marriage.

6. Previously, this court by order dated 02.09.2021, observed the following “It is accepted by Mr. Hargovind Jha, learned Advocate for Manmohan Gopal that those 11 shops which had fallen to the share of Manmohan Gopal by virtue of decree passed in the year 1959 continue to be under his control and the proprietary interest has not been transferred or parted with. He also accepts that Varun Gopal being son of Manmohan Gopal and coparcener, would have interest in said 11 shops. As a matter of fact, Mr. Hargovind Jha, learned Advocate went to the extent of submitting that his client would consent to the appointment of receiver to the extent of the interest of Varun Gopal in those properties.” and had directed to attach 11 shops on the consent given by petitioner/father-in-law which is reproduced in verbatim as below-

“(a). Those 11 shops, the details of which are available in decree passed in the year 1959 are hereby attached.

(b) It shall be open to the Executing Court to consider whether said shops need to be sold or dealt with in any other manner so as