2019 Supreme(P&H) 1571
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
Hon’ble Mr. Justice Raj Shekhar Attri
CRM-M-45469 of 2016 (O&M)
Shashi Bhushan Garg
v.
Smt. Anju Garg
{Decided on 14/05/2019}
Mr. Vivek Gupta, Advocate, Respondent in person with counsel.
Headnote:
Criminal Procedure Code, 1973, S.125--Maintenance--Income of Husband--Income Tax Return of husband shows his annual income about Rs. 4 lakhs--Award of Rs.15,000/- per month is justified and cannot be termed as exorbitant--Petition dismissed. (Para 12)
JUDGMENT
Mr. Raj Shekhar Attri, J.:- This order shall dispose of the aforesaid two petitions as the same are between the same parties. The facts are taken from CRM-M- 45469-2016 and the parties would be referred by their status in this appeal.
2. The present petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of impugned order dated 9.9.2016 (Annexure P-10) passed by learned Additional Sessions Judge, Mansa upholding the order dated 3.1.2015 passed by learned Chief Judicial Magistrate, Mansa whereby the application of the respondent wife filed under Section 125 of the Code of Criminal Procedure has been allowed.
3. Undisputedly, the petitioner was married with Smt. Anju Garg (respondent herein). From this wedlock, two daughters namely Shohrat Garg and Hasrat Garg were born. Smt. Anju Garg moved an application under Section 125 of the Code of Criminal Procedure asserting that she has been treated with cruelty and is a victim of domestic violence.
4. Learned Chief Judicial Magistrate after considering the evidence available on record, awarded her a sum of Rs. 15,000/- per month towards maintenance etc.
5. Said order has been challenged by the petitioner by filing an appeal on the grounds, inter alia, that the amount of maintenance is highly exorbitant and he is unable to pay this amount. However, the learned appellate court dismissed the same vide impugned order dated 9.9.2016.
6. I have heard learned counsel for the parties and gone through the record as well as written arguments filed by the respondent.
7. Learned counsel for the petitioner has placed reliance upon the judgment of Hon’ble Supreme Court in Sudeep Chaudhary v. Radha Chaudhary; AIR 1999 SC 536, Himachal Pradesh High Court in Vinod Kumar v. Smt. Shakuntala; 2016 ILR (H.P.) 286, Delhi High Court in Renu Mittal v. Anil Mittal, [2011(1) Marr.L.J. 274] : 2010 (7) RCR (Criminal) 1741; Rachna Kathuria v. Ramesh Kathuria; Crl. M.C. No.130/2010 & Crl. M.A. No.504/2010 decided on 30.8.2010, Bombay High Court in Ravindra Haribhau Karmarkar v. Shaila Ravindra Karrnarkar; 1992 Cril. J 1845, Vishal v. Sow Aparna; 2018 SCC Online Born 1207, Prakash Babulal Dangi v. The State of Maharashtra and anr. Crl. Writ Petition No.3791 of 2016 decided on 10.10.2017 and Madras High Court in B. Prakash v. Deepa and minor Harini, [2016(2) Marriage L.J. 513 (Madras)] : Crl. RC (MD) No.453 decided on 28.7.2015.
8. In support of his contention, learned counsel for the respondent has placed reliance on the judgments of Hon’ble Supreme Court in Shamima Farooqui v. Shahid Khan, [2015(2) Law Herald (SC) 1117 : 2015(2) Law Herald (P&H) 1615 (SC) : 2015(2) Marriage L.J. 147 (SC) : 2015 LawHerald.Org 775] : 2015 (2) RCR (Civil) 628, Kunapareddy @ Noonkala Shanka Balaji v. Kunapareddy Swarna Kumari and another, [2016(2) Law Herald (SC) 1633 : 2016(3) Law Herald (P&H) 2497 (SC) : 2016(2) Marriage L.J. 81 (SC) : 2016 LawHerald.Org 1169] : 2016(3) RCR (Civil) 317, this Court in Satpal v. Sheela and another, [2016(1) Law Herald (P&H) 331 : 2016(2) Marriage L.J. 350 (P&H) : 2015 LawHerald.Org 2855] : 2016 (2) RCR (Criminal) 297, Poonam v. Vijay Kumar Jindal, [2015(4) Law Herald (P&H) 3605 : 2016(1) Marriage L.J. 444 (P&H) : 2015 LawHerald.Org 1923] : 2015 (4) RCR (Criminal) 300; Satish Kumar v. Kamaljit Kaur and another, [2015(4) Law Herald (P&H) 3299 : 2015 LawHerald.Org 1719] : 2015 (3) RCR (Criminal) 829, Vishal Saxena v. Swati Bhatnagar, [2016(3) Law Herald (P&H) 2327 : 2016 LawHerald.Org 1392] : 2016 (2) RCR (Civil) 1022, Gunjan and another v. Gaurav Kumar Bhatia; 2016 (3) RCR (Criminal) 578, Rajasthan High Court in Mohd. Rafique v. State of Rajasthan and others; 2016(4) RCR (Civil) 240, Delhi High Court in Gaurav Manchanda v. Namrata Singh; Crl. Rev. No.343 of 2018 decided on 27.2.2019, Richa Arya v. State of NCT of Delhi and another; 2016(2) RCR (Criminal) 409; Bombay High Court in Abhijit Bhikaseth Auti v. State of Maharashtra and another, [2012(1) Marriage L.