Maintenance claims under Section 125 require established dependency; the maintainability of claims must be assessed prima facie before income disclosures are compelled.

JUDGMENT (Oral)

1. Vide the present, petitioner seeks directions thereby to set aside directions dated 30.09.2019, whereby the petitioner has been directed to file his income affidavit in a sealed envelope. The petitioner further prays for necessary directions to the learned trial Court that the maintainability of the case bearing MT No. 208/2018 titled as `Sheba Khan and Ors. Vs. Shamsi Azmi and Ors.' be decided first before proceeding further in the case.

2. The petitioner herein is the father and the respondent is his daughter from his first wife. The petitioner married Ms. Sheba Khan (first wife) on 01.03.1996. They were blessed with a girl child, respondent herein, on 19.02.1997. Due to extreme incompatibilities between the petitioner and his wife, the petitioner divorced her by pronouncing triple talaq on 19.11.1997. Thereafter, on 24.04.2003, the first wife filed petition under Section 125 Cr.P.C. for grant of maintenance for her as well on behalf of respondent (Saher Khan) before the Court of Chief Metropolitan Magistrate, Patiala House Courts, New Delhi. The said Court was pleased to direct the petitioner herein to pay Rs.8,000/- P.M. to Ms. Sheba Khan for the maintenance towards respondent herein. In the meanwhile, Ms. Sheba Khan, petitioner's first wife also got registered an FIR bearing no. 126/2003, under Section 498A/406 IPC, against the petitioner and his relatives, with Police Station - Tilak Marg. Afterwards, with the intervention of friends, relatives and well wishers of petitioner and Ms. Sheba Khan, a compromise was arrived between them and in furtherance of which Memorandum of Understanding (MOU) was signed by them on 29.05.2005. The respondent, at that point of time, was a minor, aged 8 years and was being represented by her natural guardian, Ms. Sheba Khan. The MOU contains detailed terms and conditions with respect to alimony of Ms. Sheba Khan, maintenance to be paid to respondent and rights and liabilities of Ms. Sheba Khan towards the respondent. The terms and conditions relevant to the context of rights and liabilities of petitioner in regard to maintenance to be paid to respondent are as follows:

"That the party no.1 has agreed to pay a lump sum amount of Rs.12 lacs to party no.2. Six lacs for Sheba &the other six lacs for the minor daughter with liberty to Sheba to use this money as per her wishes without any hindrance whatsoever. However in case at the time of attaining majority Saher repudiates the present agreement, Sheba, would be liable to repay the amount of six lacs along with the benefits to Miss Sehar. The said amount is being paid to Saher in a lump sum in full and final settlement of her entire claims of maintenance (past, present, future) including schooling, higher studies, and marriage expenses etc and of any other kind against the party of the First Part and/or his relatives. In case Sheba Khan purchases any flat/property from the alimony of Rs.12 lacs or any part thereof the same would be purchased jointly in the name of Miss. Saher and Sheba Khan.

That the party no.1 also has agreed to pay a sum of Rs.8,000/- per month to Saher for the maintenance till she attains the age of 21 years or till she gets married whichever is earlier. Which as per the orders of the court is being deposited in the account of Sheba Khan for the same. Sheba Khan would also contribute her share of 1/3rd of maintenance i.e., Rs.4000/- per month for the welfare of Saher fo