Executing courts must adhere strictly to original decrees unless ambiguity arises; they can interpret, not modify, extant orders regarding maintenance from a specific application date.

JUDGMENT

Swarana Kanta Sharma, J. The instant petition under Article 227 of Constitution of India read with Section 482 Code of Criminal Procedure Code, 1973 filed by petitioner assails the orders dated 25.04.2022 and 26.05.2022 ("impugned orders") passed by learned MM, Mahila Court (West) Tis Hazari Courts, Delhi ("Executing Court") in Execution No. 124/2019.

2. The Executing Court, vide order dated 25.04.2022, held that the order granting interim maintenance passed on 22.03.2019 is operational from the date of filing the application under Section 23 of Protection of Women from Domestic Violence Act, 2005 ("DV Act") which was moved on 24.06.2013. The petitioner herein was further directed on 26.05.2022 to pay Rs.1,00,000/- out of the arrears of Rs.3,18,000/- by 06.06.2022.

3. Brief facts leading to the filing of instant petition, as disclosed in the petition, are detailed as under:

3.1. As the relationship between the petitioner/husband and respondent/wife became estranged, a case under Domestic Violence Act, 2005 was filed by the wife in the year 2011, and vide order dated 22.03.2019 on application filed by wife seeking interim maintenance, maintenance was granted to her.

3.2. The wife had filed several applications for grant of interim maintenance taking contradictory pleas and seeking contradictory reliefs. She also did not address arguments on the initial application seeking interim maintenance despite several opportunities given to her. Thereafter, the matter had been listed for evidence vide order dated 13.01.2015. Another application was filed by the wife on 16.12.2016 seeking interim maintenance.

3.3. The wife had been residing in the house of her mother-in-law i.e. mother of the petitioner herein, however in compliance of Judgment and Decree passed on 10.11.2017 by Civil Judge-04 (West) Tis Hazari Courts, Delhi in Civil Suit filed by mother-in-law of the respondent, the respondent had vacated the said house. After vacating the said house, the wife again filed another application dated 20.11.2017 for grant of interim maintenance and order of residence.

3.4. After hearing arguments on the application dated 16.12.2016 an interim order on maintenance was passed on 22.03.2019, thereby awarding interim maintenance of Rs.3,000/- each to the respondent and the minor child, totaling Rs.6,000/- per month from the date of filing of the application. The learned Trial Court held that this amount includes the rental charges for the suitable accommodation as well, if any, from the date of her vacation from the matrimonial home. It was also ordered that the school, conveyance and stationery and uniform expenses of the minor child will be borne by the petitioner separately.

3.5. Thereafter, an execution petition no. 124/2019 claiming an exaggerated and incorrectly calculated amount of Rs.5,28,000/- from the date of 23.12.2011 till 22.04.2019 was filed. The petitioner/husband filed objection to the execution petition on 22.08.2019 stating that the amount has been wrongly and erroneously calculated on the incorrect basis from the date of filing of the petition under Section 12 of DV Act.

3.6. The wife filed another application on 21.12.2020 i.e., after 19 months for seeking clarification of the time period about the applicability of interim order dated 22.03.2019. The petitioner filed his reply to the said application and the learned Trial Court while dealing with the objections filed by the petitioner herein in the execution proceedings disposed of the objections and held that the order dated 22.03.2019 is operational from the date of filing of the application under Section 23 of DV Act i.e., 24.06.2013.

3.7. During the execution proceedings on 26.05.2022, the learned Trial Court directed the petitioner to pay Rs.1,00,000/- out of arrears of Rs.3,18,000/-. The petitioner paid Rs.1,00,000/- on 06.06.2022 through Bankers Cheque bearing No. 056803 dated 03.06.2022 in the name of wife/respondent, with application for praying th