The court emphasized the importance of timely and meaningful support to the destitute wife and child, consequences of default in payment of maintenance, and the need for compliance with court orders.

M.L. Mehta, J.

1. The petitioner Nitin Gupta has filed his petition being Crl.M.C. 3240/2009 assailing the order dated 21.5.2008 of the learned ASJ, whereby the maintenance of Rs. 8000/- per month granted to his wife Ruchika Gupta by the M.M. vide order dated 3.3.2008 was enhanced to Rs. 15,000/- per month.

2. In the petition filed by Nitin Gupta, an order was passed by this Court on 2.12.2011, directing him to pay a sum of Rs. 2 lakhs without prejudice and subject to adjustment in two installments of Rs. 1 lakh each to Ruchika Gupta. On Nitin Gupta having failed to comply with the said order, his wife Ruchika Gupta has filed the instant Contempt Petition No. 106/2012 against him. Both these petitions are being disposed of by this common order.

3. The brief facts necessitating the disposal of the present petition are that marriage between Nitin and Ruchika was solemnized on 16.01.2005 and a son was born out of the wedlock. The relations between the parties were not cordial as a result of which Ruchika filed a complaint against Nitin under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the “DV Act”) in the Court of learned MM on 25.06.2007. Thereafter, she filed a petition under Section 125 CrPC before the MM claiming maintenance from her husband. The learned MM vide order dated 03.03.2008 awarded interim maintenance to the tune of Rs. 8000/- per month to Ruchika from the date of filing of the petition. A revision was filed before the learned ASJ by the Ruchika Gupta seeking enhancement of the maintenance amount awarded. The learned ASJ vide order dated 21.05.2008, enhanced the interim maintenance amount to Rs. 15000/- per month. Later, on the failure of Nitin Gupta to pay the interim maintenance amount, the learned MM vide order dated 14.08.2008 sentenced Nitin Gupta to 1 month civil imprisonment. Ruchika Gupta filed a petition for dissolution of marriage in the year 2008. Nitin Gupta preferred the petition being Crl M.C. 3240/2009, assailing the order of the learned MM dated 03.03.2008 awarding maintenance of Rs. 8000/- and further enhancement of the amount to Rs. 15000/- by the learned ASJ vide order dated 21.05.2008. This Court in Crl M.C No. 3240/2009 vide order dated 02.12.2011, directed Nitin Gupta to pay Ruchika Gupta Rs. 2 lacs in 2 equal monthly instalments towards the arrears of maintenance. Nitin Gupta failed to comply with this order of this Court. Thereafter, Ruchika Gupta has preferred a contempt petition, being Cont. Cas. No. 106/2012.

4. The learned counsel for petitioner Nitin Gupta in Crl.M.C.3240/09 submitted that Ruchika Gupta has not shown any documentary proof which could substantiate her averments with regard to the income of Nitin Gupta. It is submitted that Ruchika Gupta has not been able to show any proof with regard to her standard of living in the matrimonial home and also having given a Honda City car. It is further submitted that though these facts have been duly recorded by the learned MM as well as the learned ASJ in their orders dated 03.03.2008 and 21.05.2009 respectively, however they have erred in considering the same at the time of passing the orders. It is submitted that the learned MM and the learned ASJ failed to take into consideration the paying capacity of Nitin Gupta at the time of granting interim maintenance to Ruchika Gupta . It is contended that Nitin Gupta is currently working in Meerut at Marwari Bhoj (UP) and gets a salary of Rs. 3510/- per month and is thus unable to pay the amounts as fixed by the learned ASJ. It is further submitted that Nitin Gupta has already undergone civil imprisonment from 14.08.2008 to 03.09.2008 due to his inability to pay the interim maintenance amount.

5. Per Contra, the learned counsel for Ruchika Gupta submitted that Nitin Gupta has deposits to the tune of Rs.21.00 lacs. It is submitted that Nitin Gupta failed to comply the order of this Court dated 02.12.2011, whereby he was directed to pay to Ruchika G