Violation of a consent order does not disentitle the respondent from seeking maintenance under Section 125 Cr.P.C., and the court must interpret Section 125 Cr.P.C. to advance justice and protect women's rights.

ORDER

1. This petition is filed by the petitioner/husband seeking quashing of the order dated 26.02.2021 and the maintenance petition under Section 125 Cr.P.C. pending adjudication before the learned Family Court, South East, Saket District Court, Delhi, being Maintenance Case No.99/2019.

2. It is argued the impugned order and the maintenance petition are in direct violation of the consent order dated 01.03.2013, duly clarified and reiterated on 02.04.2013 by the Division Bench of this Court in FAO (OS)129/2013 and the judgment dated 18.02.2019 passed by the Hon`ble Supreme Court in S.L.P(C)6201/2016.

3. It is argued the parties have acted upon the consent terms and respondent/wife cannot be allowed to flout the said terms and embroil the petitioner in multiple cases. It is argued the learned Family Judge, without appreciating the orders passed on the issue, in a mechanical manner had dismissed the application filed by the petitioner/husband for dismissal of the maintenance petition filed by the respondent/wife. It is argued the impugned order is in complete violation of the orders passed by the Division Bench of this Court.

4. I would like to refer to an order dated 01.03.2013 in FAO(OS) 129/2013 annexed as Annexure-P4 of the paper book and the relevant portion of the said order read as under:

"With the assistance of the learned counsel for the parties and the appellant and respondent No.2 present in court we have been able to arrive at a mutual settlement so far as the dispute before us is concerned as also the main suit and certain aspects qua the accommodation and maintenance of the appellant. It is thus agreed as under:

i) The appellant states that the accommodation occupied by respondent No.2 at present i.e. Second Floor, M-24, Greater Kailash-I, New Delhi of two bed rooms fully furnished is acceptable to her for the purpose of her residence and of her children. This course of action being acceptable to respondent no.2, the appellant agrees to move into the accommodation within a period of 15 days from today. The natural sequitor is that respondent no.2 will move out of that accommodation within the same period of time.

ii) Respondent No.2 undertakes to this court to continue to pay the rent, electricity and water charges for the aforesaid premises and ensure that the accommodation is available to the appellant and the children.

iii) Respondent No.2 will pay appellant maintenance @ Rs.60,000/- per month inclusive of the children and their education expenses. Such payment should be made on or before 7th day of each month. The maintenance will commence from 1st March 2013.

iv) The appellant and respondent No.2 also agree that the issue of visiting rights be settled. It is thus agreed that the appellant will make available the children to respondent No.2 on every Saturday at 10.00 AM to be brought back at 10.00 AM on the following Sunday.

v) The appellant gives up her right and claim in the suit property in view of the settlement arrived at.

vi) It is further agreed that this interim arrangement qua maintenance will continue to prevail during the pendency of the divorce proceedings. We make it clear at the request of learned Senior counsel for respondent no.2 that there is of course no obstruction to respondent No.2 going back in the suit property provided respondent no.1 is willing to accommodate respondent no.2.

Appeal according ly stands disposed of. "

5. Further on 02.04.2013 yet again in FAO(OS)129/2013 an order was passed on an application for clarification and it read as under:

"At request of learned counsel for the respondents, we clarify that the object of the consent order is quite clear i.e. it brings to rest all other issues other than the divorce proceedings in which the parties want to litigate as there are extreme postures on both sides on that issue, each side having its own story. It is, thus, agreed that the divorce proceedings should also move expeditiously and both the parties will assist the Family Court in