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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANU MALHOTRA, J.
Ritu Sethi - Appellant
Versus
Vivek Sethi - Respondent
Crl.Rev.P. No 830, 869 of 2019
Decided on : 10-12-2021
Criminal Procedure Code, 1973 - Section 125 - Indian Penal Code, 1860 - Section 498A and 406 - Hindu Marriage Act, 1955- Section 24 - Cruelty - Divorce - Arrears of interim maintenance/maintenance-Whether wife is in a position to maintain herself in the way she was used to in the place of her husband – ‘R’, the petitioner of Crl.Rev.P, vide her petition under Section 125 of Cr.P.C., 1973, had sought maintenance from ‘V’, filed which was assigned to Principal Judge Family Court concerned for vide which ‘R’ had sought the grant of adequate maintenance to meet her day to day expenses and to match status as that of ‘V’, who she submitted otherwise comes from an affluent and well-to-do family and also sought directions to ‘V’ to place on record his current Income Tax Return and to file an affidavit and to file an affidavit inter alia disclosing therein what were the assets, both moveable or immoveable held by him either in his personal capacity or as a member of the HUF or any other status.
Finding of the Court :
‘R’ is facing eviction proceedings repeatedly and has been directed to surrender her residential accommodation by 20.12.2021 is however an aspect which cannot be overlooked in as much as Section 125 of the Cr.P.C., 1973, has been enacted with a view to prevent vagrancy or destitution of a woman on account of failure of the marriage and not as a punishment to the other spouse - spiraling inflation rates, and the apparent capacity of ‘V’ who lives in adequate comfort, the interim maintenance awarded to ‘R’ vide the impugned order is enhanced to Rs.35,000/- per month which amount of enhanced maintenance is directed to be paid to ‘R’, the petitioner of Crl.Rev.P. by respondent ‘V’ to petitioner ‘R’ w.e.f from the month of January 2020 in view of the Sale deed in respect of sale of House and is directed to be paid to ‘R’ into her bank account by 7th day of each consecutive English Calendar month and the arrears of maintenance from January, 2020 to November, 2021 Rs.35,000/- to be paid within six months from today - As regards period from date of institution of M-23/17 (though awarded vide the impugned order w.e.f. 15.2.2017 as being date of the application, as a bare perusal of the application itself shows the stamp of filing to be 27.1.2017), from date 27.1.2017 till the date 31.12.2019, amount of maintenance awarded to ‘R’ (wife) by ‘V’ (husband) @ Rs.20,000/- per month is upheld as awarded vide impugned order in M with the modification that the said maintenance is to be paid from the date 27.1.2017 onwards till the date 31.12.2019 at the said rate - Directions to pay arrears of maintenance in terms of the order in M is thus vacated.
Result: Crl.Rev.P.830/2019 is disposed of and Crl.Rev.P.869/2019 is dismissed
ORDER :
ANU MALHOTRA, J.
1. The petitioner of Crl.Rev.P. No. 830/2019 Ritu Sethi (hereinafter referred to as ‘R’) is the wife of the respondent to the petition i.e. Vivek Sethi and petitioner of Crl.Rev.P.869/2019 (hereinafter referred to as ‘V’) in which ‘R’ his wife is arrayed as the respondent. Both the petitions assail the same impugned order dated 30.5.2019 of the Court of the learned Principal Judge, Family Courts, Saket Courts, New Delhi in M-23/2017 vide which ‘R’ was awarded maintenance to the tune of Rs.20,000/- per month from the date of the filing of the maintenance petition M-23/2017 before the learned Judge, Family Courts, Saket as filed on 15.2.2017 till she is legally entitled to receive the same with it having been directed that the arrears of interim maintenance/maintenance under Section 24 of the Hindu Marriage Act, 1955, awarded by the said Court would be adjusted in the said awarded amount and ‘V’ was directed to pay the arrears of maintenance within a period of three months from the date of the order dated 30.5.2019 in equal instalments and to pay the monthly maintenance after the date of the order by way of money order or by deposit in the bank account of ‘R’ on furnishing the account number of the same on or before the 10th date of each calendar month with it having been inter alia directed that ‘R’ would be entitled to receive the maintenance to the highest amount of the various allowances, if any, awarded to her by various Courts. Whereas, ‘V’ the petitioner of Crl.Rev. P. No. 869/2019 has sought the setting aside of the said order in toto, ‘R’ the petitioner of Crl.Rev. P. No. 830/2019 has sought a modification of the said impugned order and has sought the enhancement of the quantum of maintenance.
2. The response of either side to the respective petitions is placed on the record.
3. Vide order dated 22.8.2019 in Crl.Rev.P. No. 869/2019 filed by ‘V’, it was submitted by the counsel for ‘V’, on instructions, that besides paying the maintenance @Rs.20,000/- per month he was ready and willing to deposit a sum of Rs.50,000/- towards the arrears without prejudice to his rights and contentions which was directed to be so paid within a period of 6 weeks and the matter was renotified for the date 27.11.2021 till which date the directions to pay the arrears vide the impugned order were directed to remain stayed.
4. Crl.M.A. No. 34739/2019 was filed by ‘R’ in Crl.Rev.P. No. 869/2019 seeking a vacation of the stay granted by the order dated 22.8.2019 and modification thereof. Learned counsel for ‘V’ on 30.8.2019 submitted that the amount of Rs.50,000/- qua which it had been submitted that ‘V’ was ready and willing to deposit the same as per the proceedings dated 22.8.2019 would be deposited within a week. Vide order dated 30.8.2019 in Crl.Rev.P. No. 869/2019 ‘V’ was further directed to pay an amount of Rs.1,50,000/- on or before the next date of hearing that was fixed in the matter, i.e., 27.11.2019, without prejudice to his rights and contentions.
5. Submissions qua both the petitions and the application Crl.M.A. No. 3479/2019 were addressed on behalf of either side on 26.10.2021 with the matter having been reserved for orders.
6. An application Crl.M.A. No. 19257/2021 was filed on 1.12.2021 by ‘R’ in Crl.Rev.P. No. 830/2019 seeking to the effect:
b) pass the Judgment reserved on 26th October 2021;
c) release the arrears of maintenance to the tune of Rs.2,70,000/- stayed by Delhi High Court Order; and
d) Pass any other order(s)/relief(s) which this Hon’ble Court deems fit and proper may also be passed, in the interest of justice.”,
and vide order dated 2.12.2021, the matter was thus directed to be listed for pronouncement on 10.12.2021, i.e., today at 4:30 p.m.
7. The Trial Court Record and the Appellate Court Record in the digital form was requisitioned vide order date
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