CRR(F)-1212 of 2024 IN THE HIGH COURT OF PUNJAB AND HARYANA Rimpu Sharma Nisha and others CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: - NAMIT KUMAR, J. 1. dated 06.06.2024, passed by learned Additional Principal Judge, Family Court, Panipat, vide which petitioner has been directed to pay Rs.6,000/- each to respondents No.2 and 3 as interim maintenance. 2. petitioner and respondent No.1 was solemnized on 07.03.2010 according to two children i.e. respondents No.2 and 3 were born. However, matrimonial dispute ensued between the couple and the respondents filed an application under Section 125 Cr.P.C. seeking interim maintenance. The petitioner filed a reply and contested the claim made 1212 of 2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-F-1212 Date of decision Rimpu Sharma Versus Nisha and others HON'BLE MR. JUSTICE NAMIT KUMAR Mr. Ashwani Gaur, Advocate, for the petitioner. NAMIT KUMAR, J. Instant revision petition has been filed against the order dated 06.06.2024, passed by learned Additional Principal Judge, Family Court, Panipat, vide which petitioner has been directed to pay per month to respondent No.1 and Rs.3,000/ each to respondents No.2 and 3 as interim maintenance. Brief facts of the case are that petitioner and respondent No.1 was solemnized on 07.03.2010 according to the Hindu rites and ceremonies. Out of the said wedlock, en i.e. respondents No.2 and 3 were born. However, matrimonial dispute ensued between the couple and the respondents filed an application under Section 125 Cr.P.C. seeking interim maintenance. The petitioner filed a reply and contested the claim made 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1212 of 2024 Date of decision: 12.05.2025 ......Petitioner ......Respondents HON'BLE MR. JUSTICE NAMIT KUMAR Instant revision petition has been filed against the order dated 06.06.2024, passed by learned Additional Principal Judge, Family Court, Panipat, vide which petitioner has been directed to pay per month to respondent No.1 and Rs.3,000/- per month each to respondents No.2 and 3 as interim maintenance. rief facts of the case are that the marriage between petitioner and respondent No.1 was solemnized on 07.03.2010 Hindu rites and ceremonies. Out of the said wedlock, en i.e. respondents No.2 and 3 were born. However, matrimonial dispute ensued between the couple and the respondents filed an application under Section 125 Cr.P.C. seeking interim maintenance. The petitioner filed a reply and contested the claim made RAVINDER SINGH 2025.05.19 16:29 I attest to the accuracy and integrity of this document CRR(F)-1212 of 2024 by the respondents. The learned Family Court vide impugned order dated 06.06.2024 has awarded and Rs.3,000/ No.2 and 3. Court by filing the present petition. 3. very exorbitant amount has been awarded as interim maintenance which is not in consonance with the The petitioner has already submitted his affidavit declaring his assets and liabilities and according to his affidavit, his income is Rs.42,881/ per month and his monthly expenditure is Rs.35,000/ submits that petitioner is also paying loan amount out of the said income. Thus, the interim maintenance awarded by the Family Court to the respondents is on the higher side. 4. the record. 5. ensure that the dependent spouse is vagrancy on account of failure of marriage. At the same time, a just careful balance must be struck to ensure that this provision does not degenerate into a weapon required to conduct the maintenance proceedings, while the legislative intent behind the provision under Section its true spirit, 1212 of 2024 the respondents. The learned Family Court vide impugned order dated 06.06.2024 has awarded Rs.6,000/- per month to respondent No.1 and Rs.3,000/- per month each as interim maintenance to respondents No.2 and 3. Aggrieved by the same, the petitioner has approached this Court by filing the present petition. Learned counsel for the petitioner has contended that a very exorbitant amount has been awarded as interim maintenance which is not in consonance with the actual income of the petitioner. The petitioner has already submitted his affidavit declaring his assets and liabilities and according to his affidavit, his income is Rs.42,881/ per month and his monthly expenditure is Rs.35,000/ hat petitioner is also paying loan amount out of the said income. Thus, the interim maintenance awarded by the Family Court to the respondents is on the higher side. I have heard learned counsel for the petitioner and perused The object and purpose behind granting maintenance is to ensure that the dependent spouse is not reduced to destitution or vagrancy on account of failure of marriage. At the same time, a just careful balance must be struck to ensure that this provision does not degenerate into a weapon to punish the other spouse. The Courts are required to conduct the maintenance proceedings, while the legislative intent behind the provision under Section its true spirit, which is to provide speedy assistance and social justice to 2 the respondents. The learned Family Court vide impugned order per month to respondent No.1 per month each as interim maintenance to respondents Aggrieved by the same, the petitioner has approached this Learned counsel for the petitioner has contended that a very exorbitant amount has been awarded as interim maintenance actual income of the petitioner. The petitioner has already submitted his affidavit declaring his assets and liabilities and according to his affidavit, his income is Rs.42,881/- per month and his monthly expenditure is Rs.35,000/-. He further hat petitioner is also paying loan amount out of the said income. Thus, the interim maintenance awarded by the Family Court I have heard learned counsel for the petitioner and perused t and purpose behind granting maintenance is to not reduced to destitution or vagrancy on account of failure of marriage. At the same time, a just and careful balance must be struck to ensure that this provision does not to punish the other spouse. The Courts are required to conduct the maintenance proceedings, while being alive to the legislative intent behind the provision under Section 125 Cr.P.C in ssistance and social justice to RAVINDER SINGH 2025.05.19 16:29 I attest to the accuracy and integrity of this document CRR(F)-1212 of 2024 women, children and infirm parents. The Cr.P.C. were enacted as a measure to further social justice and protect dependent women, children and parents, which also fall within the constitutional sweep Constitution of India. 6. Vimala (K.) v. Veeraswamy (K.) (1991) 2 7. in Kirtikant D. opined as follows: 1212 of 2024 women, children and infirm parents. The Cr.P.C. were enacted as a measure to further social justice and protect dependent women, children and parents, which also fall within the constitutional sweep of Article 15(3) reinforced by Article Constitution of India. A three-Judge Bench of the Hon'ble Supreme Court in Vimala (K.) v. Veeraswamy (K.) (1991) 2 SCC 375 "3. Section 125 of the Code of Criminal Procedure is meant to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing, and shelter to the deserted wife….." Further, a two-Judge Bench of the Hon'ble Supreme Court Kirtikant D. Vadodaria v. State of Gujarat (1996) 4 SCC 479 opined as follows: "15.... While dealing with the ambit and scope of the provision contained in Section 125 of the Code, it has to be borne in mind that the dominant and primary object is to give social justice to the woman, child and infirm parents, etc. and to prevent destitution and vagrancy by compelling those who can support those who are unable to support themselves but have a moral claim for support. The provisions in Section 125 provide a speedy remedy those women, children and destitute parents who are in distress. The provisions in Section 125 are achieve this special purpose. The dominant purpose behind the benevolent provisions contained in Section 125 clearly is that the wife, child and parents should not be left in a helpless state of distress, destitution and starvation 3 women, children and infirm parents. The provisions of Section 125 Cr.P.C. were enacted as a measure to further social justice and protect dependent women, children and parents, which also fall within the 15(3) reinforced by Article 39 of the Judge Bench of the Hon'ble Supreme Court in SCC 375 opined as follows: "3. Section 125 of the Code of Criminal Procedure is to achieve a social purpose. The object is to prevent vagrancy and destitution. It provides a speedy remedy for the supply of food, clothing, and shelter to the deserted Judge Bench of the Hon'ble Supreme Court Gujarat (1996) 4 SCC 479 "15.... While dealing with the ambit and scope of the provision contained in Section 125 of the Code, it has to be borne in mind that the dominant and primary object is e to the woman, child and infirm parents, etc. and to prevent destitution and vagrancy by compelling those who can support those who are unable to support themselves but have a moral claim for support. The provisions in Section 125 provide a speedy remedy to those women, children and destitute parents who are in distress. The provisions in Section 125 are intended to achieve this special purpose. The dominant purpose behind the benevolent provisions contained in Section 125 nd parents should not be left in a helpless state of distress, destitution and starvation..." RAVINDER SINGH 2025.05.19 16:29 I attest to the accuracy and integrity of this document CRR(F)-1212 of 2024 8. this provision is to provide spouse during proceedings that she/he can maintain herself/himself, have sufficient funds to pursue the litigation, 9. amplify her making it difficult to determine the earning capacity of the rival claimants with exactitude. The rival claimants must scrupulously bring on record their actual Court to arrive at quantum of maintenance which is just and fair in terms of principle of equistatus. The quantum of maintenance must be justifiable and realistic to provide succour to the dependent spouse and also to avoid occurrence of the two either paltry or extravagant, ensuring that neither of the two is to a life of penury. The adequacy of the maintenance allowance has to be determined by lead a life of 10. two Judge bench of the Hon'ble Supreme Court in and another, (2021) 2 SCC 324 quantum of maintenance and issued the following directions: 1212 of 2024 Another objective the legislature has sought to achieve by this provision is to provide maintenance pendente lite spouse during proceedings emerging out of matrimonial that she/he can maintain herself/himself, have sufficient funds to pursue the litigation, and not suffer at the instance of the affluent spouse. There is a general tendency on the part of the wife to amplify her needs and the husband to conceal his actual income, making it difficult to determine the earning capacity of the rival claimants with exactitude. The rival claimants must scrupulously bring on record their actual respective earning capacities in order for Court to arrive at quantum of maintenance which is just and fair in terms of principle of equistatus. The quantum of maintenance must be and realistic to provide succour to the dependent spouse and also to avoid occurrence of the two extremes of the maintenance being either paltry or extravagant, ensuring that neither of the two is to a life of penury. The adequacy of the maintenance allowance has to be determined by the yardstick of the dependent spouse being able to lead a life of reasonable comfort. While dealing with the issue of maintenance two Judge bench of the Hon'ble Supreme Court in nd another, (2021) 2 SCC 324 laid down the criteria for determining quantum of maintenance and issued the following directions: “VI Final Directions 130. In view of the foregoing discussion as contained in Part B-1 to V of this judgment, we 4 Another objective the legislature has sought to achieve by pendente lite to the applicant emerging out of matrimonial disputes so that she/he can maintain herself/himself, have sufficient funds to pursue and not suffer at the instance of the affluent spouse. There is a general tendency on the part of the wife to conceal his actual income, making it difficult to determine the earning capacity of the rival claimants with exactitude. The rival claimants must scrupulously bring respective earning capacities in order for the Court to arrive at quantum of maintenance which is just and fair in terms of principle of equistatus. The quantum of maintenance must be and realistic to provide succour to the dependent spouse and mes of the maintenance being either paltry or extravagant, ensuring that neither of the two is reduced to a life of penury. The adequacy of the maintenance allowance has to the yardstick of the dependent spouse being able to While dealing with the issue of maintenance in extenso, a two Judge bench of the Hon'ble Supreme Court in Rajnesh v. Neha laid down the criteria for determining quantum of maintenance and issued the following directions: - 130. In view of the foregoing discussion as contained in 1 to V of this judgment, we deem it appropriate to RAVINDER SINGH 2025.05.19 16:29 I attest to the accuracy and integrity of this document CRR(F)-1212 of 2024 1212 of 2024 pass the following irections in exercise of our powers under Article 142 of the Constitution of India: (a) Issue of overlapping jurisdiction 131. To overcome the issue of overlapping jurisdiction, and avoid conflicting orders being proceedings, it has become necessary to issue directions in this regard, so that there is uniformity in the practice followed by the Family Courts/District Courts/Magistrate Courts throughout the country. We direct that: (i) where successive claims for maintenance are made by party under different statutes, the adjustment or setoff, of the amount awarded in the previous proceeding/s, while determining whether any further amount is to be awarded in the proceeding: (ii) it is made mandatory for the applicant to disclose the previous proceeding and the orders subsequent proceeding; (iii) if the order passed in the previous proceeding/s requires any modification or variation, it required to be done in the same proc (b) Payment of Interim Maintenance 132. The Affidavit of Disclosure of Assets and Liabilities annexed as Enclosures I, II and III of may be applicable, shall be filed by both parties in all maintenance proceedings, including pendin before the concerned Family Court/District Court/Magistrates Court, as the case may be, throughout the country. (c) Criteria for determining the quantum of maintenance 5 irections in exercise of our powers of the Constitution of India: (a) Issue of overlapping jurisdiction 131. To overcome the issue of overlapping jurisdiction, and avoid conflicting orders being passed in different come necessary to issue directions in that there is uniformity in the practice followed by the Family Courts/District Courts/Magistrate Courts throughout the country. (i) where successive claims for maintenance are made by a party under different statutes, the Court would consider an adjustment or setoff, of the amount awarded in the proceeding/s, while determining whether any further amount is to be awarded in the subsequent r the applicant to disclose the previous proceeding and the orders passed therein, in the (iii) if the order passed in the previous proceeding/s requires any modification or variation, it would be required to be done in the same proceeding (b) Payment of Interim Maintenance 132. The Affidavit of Disclosure of Assets and Liabilities annexed as Enclosures I, II and III of this judgment, as may be applicable, shall be filed by both parties in all proceedings, including pending proceedings before the concerned Family Court/District Court/Magistrates Court, as the case may be, throughout (c) Criteria for determining the quantum of maintenance RAVINDER SINGH 2025.05.19 16:29 I attest to the accuracy and integrity of this document CRR(F)-1212 of 2024 11. arguments advanced by trite law that a person cannot be permitted to wriggle out of his statutory liability by way of availing huge loans and reducing the substantial amount of salary f Reliance in this regard is placed upon the judgment passed by this Court in Mukesh Kumar v. Rekha Rani and another (Criminal) 135 granted to the respondents, 1212 of 2024 133. For determining the quantum of maintenance payable to an applicant, the Court shall criteria enumerated in Part B III of the judgment. 134. The aforesaid factors are however not exhaustive, and the concerned Court may exercise consider any other factor/s which may be necessary or of relevance in the facts and circumstances of a case. (d) Date from which maintenance is to be awarded 135. We make it clear that maintenance in all cases will be awarded from the date of filing the maintenance, as held in Part B (e) Enforcement/Execution of orders of maintenance 136. For enforcement/execution of orders of maintenance, it is directed that an order or decree be enforced under section 28A 1956; Section 20(6) of the D.V. Cr.P.C may be applicable. The order of maintenance be enforced as a money decree of a civil court as per the provisions of the CPC more particularly Sections 58, 60 r.w. Order XXI." In view of the above, this Court arguments advanced by the learned counsel for the petitioner. It is trite law that a person cannot be permitted to wriggle out of his statutory liability by way of availing huge loans and reducing the substantial amount of salary for repayment of same every month. Reliance in this regard is placed upon the judgment passed by this Mukesh Kumar v. Rekha Rani and another (Criminal) 135. At this stage, only interim maintenance has been granted to the respondents, which is subject to final 6 133. For determining the quantum of maintenance payable the Court shall take into account the criteria enumerated in Part B III of the judgment. 134. The aforesaid factors are however not exhaustive, and the concerned Court may exercise its discretion to consider any other factor/s which may be necessary or of and circumstances of a case. (d) Date from which maintenance is to be awarded 135. We make it clear that maintenance in all cases will be awarded from the date of filing the application for maintenance, as held in Part B-IV above. e) Enforcement/Execution of orders of maintenance 136. For enforcement/execution of orders of maintenance, it is directed that an order or decree of maintenance may 28A of the Hindu Marriage Act, (6) of the D.V. Act; and Section 128 of Cr.P.C may be applicable. The order of maintenance may be enforced as a money decree of a civil court as per the particularly Sections 51, 55, In view of the above, this Court finds no force in the learned counsel for the petitioner. It is a trite law that a person cannot be permitted to wriggle out of his statutory liability by way of availing huge loans and reducing the or repayment of same every month. Reliance in this regard is placed upon the judgment passed by this Mukesh Kumar v. Rekha Rani and another, 2018(3) RCR . At this stage, only interim maintenance has been which is subject to final adjustment. A RAVINDER SINGH 2025.05.19 16:29 I attest to the accuracy and integrity of this document CRR(F)-1212 of 2024 careful and just balance has been drawn, keeping in view the spiraling inflation rates and high cost of living corresponding to the reasonable needs of the respondents. 12. indicate any perversity in the impugned order which warrants interference by this Court. Accordingly, the present petition is dismissed being bereft of any merit. 12.05.2025 R.S. 1212 of 2024 careful and just balance has been drawn, keeping in view the spiraling inflation rates and high cost of living corresponding to the reasonable needs of the respondents. Learned counsel for the petitioner has indicate any perversity in the impugned order which warrants interference by this Court. Accordingly, the present petition is dismissed being bereft of any merit. Whether speaking/reasoned Whether Reportable 7 careful and just balance has been drawn, keeping in view the spiraling inflation rates and high cost of living corresponding to the reasonable Learned counsel for the petitioner has not been able to indicate any perversity in the impugned order which warrants interference by this Court. Accordingly, the present petition is (NAMIT KUMAR) JUDGE : Yes/No : Yes/No RAVINDER SINGH 2025.05.19 16:29 I attest to the accuracy and integrity of this document