A court may disregard a party's current lower income disclosures and rely on earlier stable income records if there is a deliberate attempt to reduce financial capacity via asset transfers immediately following separation, especially when determining interim maintenance for a primary caregiver of a minor child.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

DR. SWARANA KANTA SHARMA, J

1. Vide this common judgment, this Court shall dispose of the cross-petitions filed by the petitioner and the respondent who are legally wedded to each other. By way of both these petitions, the parties assail the order dated 16.02.2024 [hereafter ‘impugned order’], passed by the learned Additional Principal Judge, Family Court, South-West District, Dwarka Courts, Delhi [hereafter ‘Family Court’] in M.T. No. 402/2021 titled ‘Divya Sharma vs. Mudit Vashist’.

2. In CRL.REV.P. 489/2024, the petitioner-wife seeks grant of the following prayers:

“a. Allow the Revision Petition and modify the order Dated 16.02.2024 Passed by LD. Sh. Vipin Kumar Rai, Additional Principal Judge, Family Court, South-West Dwarka, New Delhi.

b. Allow the present revision and enhance the maintenance awarded to the Petitioner.”

3. Conversely, in CRL.REV.P. 750/2024, the petitioner-husband seeks grant of the following prayer:

a) Allow the present Appeal;

b) Review the Order dated 16.02.2024 passed by the Ld. Sh. Vipin Kumar Rai, Additional Principal Judge, Family Court, South West, Dwarka, New Delhi in Mt. No. 402/2021 Titled As Divya Sharma Vs. Mudit Vashista and revise the interim maintenance awarded to an amount which can be sustainably paid by the Petitioner until the pendency of the Petition;

c) Direct the Ld. Sh. Vipin Kumar Rai, Additional Principal Judge, Family Court, South West, Dwarka, New Delhi in Mt. No. 402/2021 Titled As Divya Sharma Vs. Mudit Vashista to adjudicate and decide the said Petition in an time bound manner within a time period as decided by this Hon`ble Court;”

4. Briefly stated, the facts of the present case are that the marriage between the parties was solemnized on 25.01.2019 according to Hindu rites and ceremonies at Chhatarpur Farms, Delhi. Out of the said wedlock, one child was born on 16.04.2020. Due to differences between the parties, the wife had left the matrimonial home and had started living separately since 24.04.2020 alongwith her son. The wife alleges that throughout the aforenoted period, she was harassed mentally and physically and subjected to cruelty by her husband and in-laws, whereas the husband disputes the same and alleges that she had wilfully deserted him. Eventually, the wife in April, 2021 filed a petition under Section 125 of the Code of Criminal Procedure, 1973 [hereafter ‘Cr.P.C.’] seeking maintenance from the husband to the tune of Rs.2,00,000/- per month.

5. By way of the impugned order dated 16.02.2024, the learned Family Court, while granting interim maintenance in the sum of Rs.25,000/- per month in favour of the wife and the child, observed as under:

“ Parties were married on 25.01.2019 and have been staying separately since 24.04.2020. She claims to have been removed with 8 days old son. She states that she is having no means of subsistence as she is not earning. She has stated that she is not CA and is B.Com Graduate and is pursuing CA final and still 8 papers are to be cleared and had done her CA Inter in the year 2017. She clarified this aspect on inquiry during arguments and stated that her Articleship is already over. Respondent is a practicing Lawyer and it is claimed by the petitioner that he is having rental income and other income also and ITRs filed by him also suggests so and he had recently purchased property worth crores. There is one DV case and one 498A/406 IPC case filed by the petitioner. Respondent/husband has filed a divorce case. There is a suit filed