The main legal point established is the court's authority to assess and modify maintenance orders, adjust rental income, and impose conditions on property sale and attachment under the Domestic Violence Act.

JUDGMENT

1. This common judgment and order will decide both these petitions, one filed by Ms. Poonam (petitioner in CRL.M.C. 1758/2021) and the other filed by Mr. Surajpal (petitioner in CRL. REV. P. 258/2021). Both these petitions have been filed seeking setting aside of the impugned order dated 27th March, 2021 passed by the Ld. ASJ, (West), Tis Hazari Courts, New Delhi in Crl. A. 33/2021. Since both are petitioners in these cross petitions, for the ease of reference, petitioner Poonam shall hereinafter be referred as `P' and petitioner Surajpal shall hereafter be referred as `S'.

2. The background facts are that `P' and `S' got married on 3rd February, 2005 at Delhi and three children were born out of this wedlock. In 2016, there was matrimonial discord between `P' and `S', where `P' alleged that `S' had been subjecting her to cruelty for demand of dowry and that `S' was a habitual drunkard who had physically abused her while also maintaining illicit relationships outside the marriage. `P' filed a petition under Section 12 of Domestic Violence Act (DVA) being CC No. 5552613/2016 along with an application under Section 23 DVA for interim maintenance. Vide order dated 11th November, 2016 the Ld. MM was pleased to restrain S from entering into the 3rd Floor of property bearing No. A-121, Shardapuri, Ramesh Nagar, New Delhi-110015 which was the matrimonial home of `P' and `S'. On 26th April, 2017, the Ld. MM allowed the application under section 23 DVA filed by `P' and fixed the interim maintenance @ Rs.50,000/- per month, including Rs.20,000/- for P and Rs.10,000/- each for three minor children. This amount included rental charges for suitable accommodation, if any, but excluded school expenses of the children which were to be solely paid by `S' directly to the school. The school expenses were to include expenses of school fees, uniform, books, co-curricular activities and any other miscellaneous expenses which may be incurred at school of all the three minor children. The Ld. MM further directed that this amount of interim maintenance was to be paid from the date of filing of the application till further orders and that arrears of maintenance be cleared within 4 months from the date of the said order. It was also directed that the amount paid by `S' to `P' in this or in any other proceedings would be adjusted accordingly.

3. Aggrieved by the said order, `S' filed an application under Section 25 (2) of the DVA for modification of the said order. On 20th August 2020, Ld. MM took into account the fact that `P' was staying in the matrimonial home and therefore did not have to pay rent as also she needed to account for Rs.10,800/- per month which was accrued to `P' as rent from the 4th floor of the said property and an ATM tower. The Ld. MM reduced the maintenance to `P' from Rs.20,000/- per month to Rs.10,000/- per month and accordingly, modified the order dated 26th April 2017. Therefore, a total of Rs.40,000/- was to be paid as interim maintenance to `P' as Rs.10,000/- for `P' and Rs.10,000/- each for three minor children.

4. Since `S' was irregular in making payments, `P' filed execution petitions inter alia Ex. Pet. Nos. 48/2018, 174/2018, 86/2021, 68/2020, 24/2020 and 327/2017 which are pending adjudication and at the time of filing the petition in 2021, as per `P', `S' was liable to pay sum of Rs.21 lacs to her. In these execution applications, three further applications were filed, one by `S' and two by `P'. The application filed by `S' was for attachment of 3rd and 4th floor of the said property while one of the applications filed by `P' was for arrest of `S' for execution of order of maintenance and the other was for attachment of property of `S' bearing No. WZ-38C, Mansarovar Garden, New Delhi.

5. By order dated 8th February, 2021, the Ld. ASJ dismissed the application of `S' seeking attachment of 3rd and 4th floor of the property at Shardapuri against which he preferred an appeal. An application of `P' for issuing