Enhancement of maintenance must align with the changing income and circumstances of the parties, recognizing the financial dependency of a spouse irrespective of their qualifications and parental support.

JUDGMENT :

SWARANA KANTA SHARMA, J.

1. By way of the revision petition bearing no. 950/2017, the petitioner (divorced wife of the respondent) is seeking setting aside of the impugned judgment dated 12.07.2017, passed by the learned Principal Judge, Family Courts, East District, Vishwas Nagar, Delhi [hereafter 'Family Court'], in CC No. 148/2014; and by way of revision petition bearing no. 295/2021, she seeks setting aside of the judgment dated 06.04.2021 passed in Ex/CRL. 375/2018 in CC No. 148/2014.

FACTUAL BACKGROUND

2. Briefly stated, the facts of the present case are that the petitioner was married to the respondent on 09.02.1999. According to the petitioner, soon after the marriage, she was subjected to harassment by the respondent and his family members. In these circumstances, the petitioner filed a petition under Section 125 of the Code of Criminal Procedure, 1973 [hereafter 'Cr.P.C.'], being MP No. 416A/2003. Vide order dated 23.10.2004, the learned Metropolitan Magistrate, Mahila Court, East District, Karkardooma Courts, Delhi awarded maintenance of Rs.3,000/- per month to the petitioner. The said order was challenged before the learned Sessions Court, and in Criminal Revision No. 09/2005, the learned Additional Sessions Judge, vide consent order dated 21.09.2005, enhanced the maintenance from Rs.3,000/- to Rs.6,000/- per month with effect from the date of the order, i.e., 21.09.2005.

3. Thereafter, the petitioner filed a petition bearing No. 214/07 under Section 127 of the Cr.P.C. seeking further enhancement of maintenance on the ground of change in circumstances.

4. In the meantime, in the year 2006, the respondent filed a petition under the Hindu Marriage Act, 1955, being HMA No. 187/2006, titled Anuj Sharma v. Preeti Sharma , seeking dissolution of marriage under Sections 13 (1)(i-a), 13(1)(iii) and 13(1)(i-b) of the Act, on the grounds of cruelty, insanity and desertion. During the pendency of the said proceedings, this Court, vide order dated 11.05.2007 passed in CMM(M) No. 127/2007, appointed the mother of the petitioner as her guardian for the limited purpose of filing the written statement in the divorce proceedings, keeping in view the allegation of insanity levelled against the petitioner by the respondent. Subsequently, vide judgment dated 10.01.2008 passed in No. 187/2006, the learned Court allowed the petition and granted a decree of divorce in favour of the respondent on the grounds of cruelty and insanity. The petitioner challenged the said judgment by way of MAT Appeal No. 77/2008. During the pendency of the appeal, the respondent remarried in the year 2008, and a daughter was born from the said wedlock in the year 2011. Eventually, MAT Appeal No. 77/2008 was dismissed for non- prosecution by the Division Bench of this Court vide order dated 16.12.2014, as a result of which the decree of divorce attained finality.

5. In the meantime, the petitioner's earlier petition under Section 127 of the Cr.P.C. (Petition No. 214/07) came to be dismissed by the learned Magistrate vide order dated 18.11.2010 on the ground that it was not maintainable, as it had been filed by the mother of the petitioner on her behalf. The learned Magistrate observed that reliance placed on the order dated 11.05.2007 passed in CMM(M) No. 127/2007 was misplaced, as the said order was limited to the proceedings arising out of HMA No. 187/2006. While dism