IMPORTANT POINTS
(1) Maintenance Pendente lite – Parallel proceedings under Section 125 of Cr.P.C. are independent in nature, and maintenance awarded therein shall continue to operate for sustenance and betterment of wife.
(2) Quantum of maintenance – Once property stands in joint names of spouses, husband cannot be permitted to claim exclusive ownership merely on the ground that he alone provided purchase consideration.
(3) Divorce – Mere refusal to cohabit with spouse would not be considered a wrong.

JUDGMENT

Anil Kshetarpal, J.—This present batch of connected Appeals arises out of the same matrimonial proceedings being HMA No. 1061/2017, titled Mr. Sanjeev Gera v. Mrs. Sangeeta Gera, and involves the same set of parties. The first three appeals, being MAT.APP.(F.C.) 217/2017, MAT.App.(F.C.) 102/2018 and MAT.App. (F.C.) 20/2018, assail the interim Order in the proceedings dated 06.12.2017. The last appeal, MAT APPL.(F.C.) 38/2019, is filed by Sh. Sanjeev Gera against the Judgement dated 15.1.2019, wherein his petition for dissolution of marriage under Section 13(1)(a) and (b) of the Hindu Marriage Act, 1955 [hereinafter referred to as “HMA”] was dismissed.

2. These Appeals, having arisen from the same lis and involving the same parties, are being disposed of by this common judgment with the consent of learned counsel for the respective parties.

3. For convenience of reference, the parties shall be referred to as per their status and rank in the main case, i.e., MAT.APP.(F.C.) 38/2019. Sh. Sanjeev Gera shall hereinafter be referred to as the Husband/Appellant, and Smt. Sangeeta Gera as the Wife/Respondent.

Appeals and Reliefs:

i. MAT.APP.(F.C.) 217/2017: filed by the Respondent challenging the Impugned Order dated 06.12.2017 to the extent that it allows the application under Section 27 of the HMA and directs the Respondent to give her “No Objection Certificate” to the Appellant and thereby enabling him to withdraw the amount of Rs.1,09,00,000/- lying with the HSBC Bank, Mumbai as surplus against the closure of loan account No. 120-023163-001;

ii. MAT.APP.(F.C.) 102/2018: filed by the Respondent for modification of the Impugned Order dated 06.12.2017 and to enhance the ad-interim maintenance awarded;

iii. MAT.APP.(F.C.) 20/2018: filed by the Appellant seeking to set aside the Impugned Order dated 06.12.2017 insofar as it pertains to the application under Section 24 of the HMA; iv. MAT.APP.(F.C.) 38/2019: filed by the Appellant seeking the grant of dissolution of marriage between the parties and setting aside the Judgement dated 15.01.2019 wherein the petition seeking dissolution of marriage was dismissed.

Factual Matrix:

4. The common facts of the Appeals are that the marriage between the parties was solemnised on 06.07.1999 at Amritsar, Punjab, in accordance with the Hindu rites and ceremonies and registered in the Office of Sub-Registrar, Noida, Uttar Pradesh. Out of the said wedlock, no issue or child was born. The parties were residing together at 401, Sovereign Apartments, Mumbai [hereinafter referred to as “rented accommodation”], until 14.01.2006, from which date they started living separately. Thereafter, the Respondent came back to Noida on 25.03.2006 to reside in the house of the Appellant’s mother at C-88, Sector 33, Noida, Uttar Pradesh.

5. On 20.02.2006, the Appellant filed a petition seeking dissolution of marriage on the ground that the Respondent has committed cruelty in terms of Section 13(1)(ia) of the HMA, before the Family Court, Bandra, State of Maharashtra. Upon moving a Transfer Petition bearing No. 130/2007 before the Supreme Court by the Respondent, the matter was transferred to the Court of District Judge, Tis Hazari Courts, Delhi.

6. In this Petition, the Appellant moved an application under Order VI Rule 17 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] seeking amendment of the petition by adding desertion within the scope and meaning of Section 13(1)(ib) of the HMA as another ground for seeking divorce and the same was allowed vide order dated 16.09.2017.

7. In the interregnum, on 16.12.2008, the Respondent filed an application under Section 24 of the HMA seeking maintenance pendente lite and expenses of the proceedings in the divorce petition.

8. Admittedly, in the proceedings under the Protection of Women from Domestic Violence Act, 2005 [hereinafter referred to as “PWDV”] instituted by the Respondent, the Court awarded ad-interim maintenance at the rate of Rs.30,000/- per mon