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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Mahabir Singh Sindhu, J.
Mina Johl – Petitioner
Versus
Ajay Pal Johl – Respondent
CRR-2232-2015 & CRM-M-31512-2016
Decided On : 01-06-2018
(A) Criminal Procedure Code, 1973, S.125--Maintenance--Unmarried Major Daughter--Claim for--As per Section 125(1)(c) of the Code, a major daughter, who is unmarried, can claim maintenance from her father where she is unable to maintain herself by reason of any "physical or mental abnormality or injury--Hence, major unmarried daughter entitled for interim maintenance. (Para 21)
(B) Criminal Procedure Code, 1973, S.125--Interim Maintenance--Unmarried Major Daughter--Merely that petitioner remained in company of her mother for last 25 years is no ground to deny her benefit of interim maintenance from her father under the provisions of Section 125(1)(c) of the Code. (Para 27)
(C) Criminal Procedure Code, 1973, S.2(y) and 125(1) (C)--Interim Maintenance--Unmarried Major Daughter--Injury--Divorce between parents of petitioner--Petitioner could not enjoy the company of her parents as a normal child and she remained neglected and deprived of love and affection by Father--Most valuable and natural right of a child to enjoy company of her parents has been washed away and that is still continuing--Further, petitioner kept at bay since her childhood till date by and she was neither allowed to enjoy company of parents; nor father ever made any effort to secure her custody so that she can enjoy comforts of life and property owned b the respondent--Thus, very fact that petitioner neglected by father for last about 25 years and now being refused even monthly maintenance for her survival and improvement of educational qualification itself is an indicator of "injury" caused to her by respondent within the purview of Clause (c), Sub-Section 1, Section 125 of the Code and the same is still continuing--Petitioner held entitled to maintenance from her father. (Para 22)
(D) Hindu Adoption and Maintenance Act, 1956, S.20--Interim Maintenance-- Unmarried Major Daughter--Major daughter can claim maintenance from her father till she is married in case unable to maintain herself--Both the parties are governed under provisions of Section 20 of the Act of 1956--Provisions of Section 20 of the Act of 1956 can be taken into consideration in favour of daughter as the same will be in consonance with object of Section 125 of the Code being a social legislation--Therefore, petitioner is entitled for interim maintenance as it is clearly established that in present she is not earning anything and thus unable to maintain herself. (Para 25)
(E) Criminal Procedure Code, 1973, S.125--Interim Maintenance--Unmarried Major Daughter--Claim for higher education--Petitioner has duly proved on record that she has been granted admission by foreign university for higher studies and she is not able to maintain herself--Father is having annual income of Rs.9,00,000/- (Nine Lakhs) per annum--Relationship between parties also admitted fact and in case petitioner is not granted the interim maintenance, then it is obvious that she will not be able to pursue her studies--Sufficient material on record to prove that the petitioner is an aspirant for higher education in foreign University--Petition allowed. (Para 28)
MAHABIR SINGH SINDHU, J.
This order shall dispose of the above two petitions having been arisen between the same parties against the common order of interim maintenance dated 26.05.2015 under Section 125 of the Code of Criminal Procedure, 1973 (for short “Code”).
2. Petitioner-Mina Johal is the daughter of respondent-Ajay Pal Singh Johal.
3. With the consent of both the parties and for convenience, the facts are being taken from CRM-M-31512-2016.
4. The first petition i.e. CRR-2232-2015 has been filed under Section 401 of the Code for enhancement of interim maintenance to the tune of Rs.2,00,000/- (Two Lakhs) per month against the impugned order dated 26.05.2015, passed by learned Judicial Magistrate 1st Class, Panchkula whereby petitioner has been granted the interim maintenance of Rs.25,000/- per month (Twenty Five Thousand) from the date of the filing of the application i.e. 03.04.2015.
5. Second petition i.e. CRM-M-31512-2016 has been filed by the petitioner under Section 482 of the Code for quashing of the impugned order dated 13.05.2016, passed by learned Additional Sessions Judge, Panchkula whereby the revision petition filed by the respondent-father has been allowed and the above order of interim maintenance dated 26.05.2015 has been set aside.
6. The facts of the case are that the petitioner filed an application dated 03.04.2015 for interim maintenance with the averments that she was born on 27.10.1985 and has attained the age of majority. She completed her graduation in Civil Engineering from the Punjab Engineering College, Chandigarh (for short “PEC”) and the petitioner is the only offspring of her parents and at present she is neither employed; nor having any source of income since 18.02.2015, but prior thereto she was working with one Oil Field Company (Schlumberger) based at Mumbai and at that time getting a salary of Rs.1,77,000/- per month. Also averred that her posting was as an Engineer in Egypt in September, 2007 and thereafter posted at Ahmedabad and thereafter, w.e.f. May, 2011 she remained posted at Mumbai. It is also submitted that w.e.f. 17.02.2015, the petitioner was sent on forced leave by her employer and thereafter, w.e.f. March 20, 2015, her employment was suspended till 19.03.2016 with the specific directions that she will not be getting any remuneration during this period and even the medical expenses and life insurance coverage have also been terminated by her employer. Further pleaded that due to recession in the Oil Field Company, her employer has reserved its right to terminate the employment during suspension period.
7. Again pleaded that respondent-father had filed a divorce petition against her (petitioner) mother, but was dismissed up to the Hon'ble Supreme Court and a reference is made to some of observations made by this Court that in case the divorce is granted to the respondent-father, life of their daughter-petitioner will become very difficult.
8. It is further pleaded that petitioner is improving her qualifications by taking up part-time online course in Management with Wharton University, U.S.A. and part of the fee has been remitted in the US Dollars and she is also contemplating and looking forward to start her online course i.e. Effective Leadership Skills by INSEAD University, France and the fee is very high which is to be remitted through US Dollars. It is further pleaded that the petitioner is also contemplating to purse her MBA from the reputed University and requires substantial amounts from the respondent to achieve her object of pursing and improving the qualifications so that she can settle in her life gracefully.
9. It is further pleaded that respondent is a resourceful person, living very comfortable and princely life being an Architect of repute as he has set up Foliage Design and Developers Pvt. Ltd. in the year 1989 and the portfolio of the said company is described as under:-
“Foliage Design was found in 1989. Foliage Design is one of the more established Architect
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