IMPORTANT POINT
A wife who waives her right to maintenance during divorce cannot later claim interim maintenance, especially when living separately by mutual consent.

JUDGMENT :

Vipin Chandra Dixit, J.

The criminal revision No.4152 of 2023 has been filed by the revisionist against the order dated 01.07.2023 passed by Additional Principal Judge, Family Court, Gautam Buddh Nagar in Criminal Misc. Application No.167 of 2020 (Anamika Chopra Vs. Gaurav Mehta) filed under Section 125 Cr.P.C. by which learned Family Court has granted Rs.25,000/- per month as interim maintenance to the respondent-wife.

2. The criminal revision No.4452 of 2023 has been filed by the revisionist-wife against the order dated 01.07.2023 passed in Criminal Misc. Application No.167 of 2020 (Anamika Chopra Vs. Gaurav Mehta) for enhancement of interim maintenance granted by the learned Family Court.

3. Since both the aforesaid criminal revisions have been filed against the same impugned order dated 01.07.2023 passed by learned Additional Principal Judge, Family Court, Gautam Buddh Nagar, the same are being decided by common judgment. Criminal Revision No.4152 of 2023 is leading criminal revision.

4. Heard Sri Rahul Sripat learned Senior Advocate assisted by Sri Ishir Sripat, learned counsel for the revisionist-husband and Ms.Anamika Chopra (wife) in person. Perused the record.

5. The brief facts of the case are that the marriage of revisionist Gaurav Mehta was solemnized with respondent Anamika Chopra on 27.02.2004 according to Hindu Rites and Customs. One son namely, Abhimanyu Mehta was born on 27.12.204 out of their wedlock. The parties were resided together as husband and wife and lead matrimonial life peacefully till 16.08.2006 and thereafter due to differences between the parties they lived separately to each other.

6. Both the parties with mutual consent have filed divorce petition under Section 13B(1) of Hindu Marriage Act in the Court of District Judge, New Delhi, which was registered as Divorce Petition No.483 of 2007. The statements of husband and wife were recorded by the learned Additional District Judge, Delhi on 20.08.2007. It was agreed between the parties that they had voluntarily filed petition for divorce without any pressure and the respondent-wife was agreed that she never claimed stridhan, maintenance or alimony from her husband in future. The relevant terms and conditions of divorce petition as mentioned in para 9 are quoted hereinbelow:-

"9. That now the following have been agreed upon the between the petitioners interest:

A. .......

B. .......

C. The Petitioner No.2 does not owe any amount or sum of money, to the Petitioner No.1 in the form of Stridhan. The Petitioner No.1 has agreed that no moveable property of any sort/kind is in the possession of the Petitioner No.2 or his family members which belongs to the Petitioner No.1 either by Stridhan or otherwise.

D. The Petitioner No.1 agrees that the Petitioner No.1 shall not claim any amount of money by way of maintenance, compensation, damages etc. (Past, Present and Future) from the petitioner No.2.

E. Both the petitioners submit that they have no grievance against each other or their family members. That no criminal case is pending against either petitioner or their family members, and both the petitioners undertake not to initiate any proceeding against each other, either under the criminal law or Civil law or litigate with them in this regard even in future.

F. ...........

G. That son of the petitioners Master Abhimanyu Mehta shall remain in the custody of the petitioner No.1 till he attains the age of majority, whereafter it shall be his sole discretion. It has been agreed between the petitioners that the Petitioner No.1 shall remain the Legal/natural Guardian of Master Abhimanyu Mehta, which the petitioner No.2 undertakes not to challenge or dispute.

H. That the petitioner No.2 shall have the visitation rights to visit and meet Master Abhimanyu Mehta, once a month and in addition to that the petitioner No.1 shall be free to visit and meet him on special occasions i.e. his birthday or on the festivals such as Holi, Deepawali, Lori etc.

I. The petitioner No.2 shal