Delhi District Court
Cc No. 1730/3 Ps N.F.C, Ekta Puri vs Vikramjeet Puri Date: 21.09.2015 on 21 September, 2015
CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015
IN THE COURT OF MS. SHIVANI CHAUHAN,
METROPOLITAN MAGISTRATE- 01
MAHILA COURT, SAKET COURTS, NEW DELHI
CC No. 1730/3
PS- N.F.C
UID: 02406R0123172014
EKTA PURI
Vs
VIKRAMJEET PURI
ORDER ON APPLICATION U/S 23 PWDV ACT AND U/S
25 PWDV ACT.
1. This order shall decide application filed by the
Complainant U/s 23 PWDV Act and the application filed by
the Respondent U/s 25(2) PWDV Act.
2. By way of application U/s 23 PWDV Act , the applicant Ekta Puri had sought an ex-parte ad-interim stay/restraint from dispossession her from property bearing no. 12A/3, Friends Colony, West, New Delhi-110065 (herein after referred to as "suit property)"
and further seeking a restraint against the respondent husband from alienating or parting with the possession of Order on applications U/s 23 & S.25 PWDV Act Page no 1 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015 suit property in any manner what so ever.
3. Respondent, in his reply to application U/s 23 PWDV Act has prayed for dismissal of the application of complainant and direction to the complainant to move to a suitable alternate accommodation.
4. After hearing arguments from the counsel of complainant an ad-interim exparte order was passed in favour of complainant on 21.05.2014 whereby the respondents were restrained from dispossessing the complainant from suit property till next date of hearing which was scheduled on 18.07.2014. The respondents were ordered to be served.
5. Aggrieved by this order, the respondent moved an application under section 25(2) PWDV Act seeking vacation and modification of order dated 21.05.2014 (herein after referred to as 'impugned order' ).
6. The applications of both the parties involve similar discussion of law and facts. Thus, for the sake of brevity, they are being taken up together for disposal. Order on applications U/s 23 & S.25 PWDV Act Page no 2 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015 Accordingly, this order shall dispose off the application filed by the complainant U/s 23 PWDV Act and the application filed by the respondent U/s 25(2) PWDV Act.
7. Both the parties had filed their replies and had addressed extensive arguments on both the application.
8. Written submissions of the parties along with the case file have also been carefully perused.
9. The counsel for complainant has objected to the application filed by the respondent U/s 25(2) PWDV Act on the ground that any application under the relevant provision is maintainable only in the event of change in circumstances requiring alteration. He has argued that there has been no change in circumstance in the present case and thus the application filed by the respondent U/s 25(2) PWDV Act is liable to be dismissed.
10. As far the order dated 21.05.2014 is concerned, the same was an ex-parte ad-interim order effective till the next date of hearing i.e 18.07.2014. As the order was ad-interim in nature, the application U/s 23 Order on applications U/s 23 & S.25 PWDV Act Page no 3 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015 PWDV Act filed by the complainant was not disposed off on that day and is being decided by this order.
11. The order dated 21.05.2014 was subsequently extended/ ordered to be continued from date to date. As such the order was not absolute and the continuity of the order is only till the decision of the applications under consideration.
12. Otherwise also, the said order was passed in the absence of and without hearing the respondents. Audi Alterem Partem is the fundamental principle of Natural Justice. No party can be condemned unheard. As the order was passed in the absence of respondents prior to issuance of notice to them, the Court is duty bound to hear the respondents before further extension of the order and final disposal of the applications U/s 23 PWDV Act filed by the complainant. Accordingly, the objection taken by counsel for complainant is dismissed. Brief facts of the case are as follows:
13. The complainant has alleged that the Order on applications U/s 23 & S.25 PWDV Act Page no 4 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015 respondent no.1 pursued her incessantly and lured her into marriage. She alleges that prior to the marriage she was pursuing a carrier in film industry, which the respondent no. 1 promised, she would be free to continue after the marriage. However, she was not allowed to continue her carrier in the film industry as the father-in-law thought that it would be derogatory to the prestige of their family.
14. It is admitted by the complainant that all the marriage ceremonies were paid for and organized by the respondent's family. The complainant was taken to Bangkok for shopping of her trousseau by the respondents. A 25 days honeymoon followed the marriage.
The grievances of the complainant are as follows:
a. She was not allowed to pursue her carrier in the film industry.
b. She was asked to be involved in the family business but not given any share in the profits. She was Order on applications U/s 23 & S.25 PWDV Act Page no 5 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015 given a nominal salary of Rs. 23,000/- per month and the respondent no.1 said that all other expenses of the household are paid for directly by their companies.
c. She was not given a credit card till late 2011.
d. She was not given any independent allowance by respondent no.1 and money was deposited in the joint account of the parties, the complainant being the primary holder and would withdraw money as and when she needed.
e. The respondent no.1 did not want to have children with the complainant.
15. The complainant alleges that respondent no.1 is extremely prone to temper tantrums and would start screaming and shouting on her on inconsequential matters without any regard of the presence of others. On some occasions such verbal abuse had also transmitted into physical abuse. On one occasion the respondent no.1 shouted and screamed at complainant and then caught hold of her neck and push her on bed against her will. She Order on applications U/s 23 & S.25 PWDV Act Page no 6 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015 alleged that respondent no.1 always had a roving eye and conducted himself in inappropriate and unfortunate manner. He would openly flirt with other women in public, the complainant, in para no. LVII of the main application has alleged that respondent no. 1 lost interest in marriage due to his promiscuous ways.
16. The respondent, on the other hand accused complainant of committing adultery and respondent is stated to have filed a petition of divorce on this ground. He submits that present case is false and fabricated and complainant should not be awarded for committing adultery. The counsel for complainant has argued that on one hand complainant has averred having extravagant life style on the other hand she says she was not kept well. The counsel submits that this is an inherent contradiction in the testimony of the complainant.
17. The allegations and counter allegations can not be decided at this stage without trial. There are allegations of verbal and physical abuse. Further, there Order on applications U/s 23 & S.25 PWDV Act Page no 7 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015 are allegations of economic deprivation w.e.f 2013 when the complainant was left to fend for herself. In these circumstances, prima facie commission of Domestic Violence is apparent from record.
Now coming to Complainant's Qualifications and earning capacity:
18. The counsel for respondent submits that prior to marriage the complainant had a bright carrier in the film making industry which she was not allowed to pursue. He submits that the parties got married in the year 2007 and considerable time has passed since then. He submits that due to lapse of time, the complainant cannot now resume her carrier in the film making industry and is financially dependent on the respondent no.1.
19. On the other hand, the counsel for respondent no 1 has submitted that though complainant is not working but she is qualified and competent and there is no reason for her to be on slow track. She submits that complainant Order on applications U/s 23 & S.25 PWDV Act Page no 8 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015 has to do something to mitigate her financial constraints.
Respondent no. 1's Qualifications and earning capacity:
20. The complainant submits that the respondent is earning much more than what is admitted by him. The counsel has even argued even to the extent that the valuation of mutual funds of respondent no. 1 should also be considered as his income. The counsel further submits that all the expenses were paid for by the company and as the business takes care of all the expenses, complainant should also be maintained similarly. The counsel for complainant has argued that it was a Joint Hindu Family system and that complainant should also be maintained out of the business profits.
21. On the other hand, the respondent admits his income to be only Rs. 1,40,000/- per month. He submits that his annual income as component of salary, dividend and interest income and denies existence of a Joint Hindu Order on applications U/s 23 & S.25 PWDV Act Page no 9 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015 Family.
22. The characteristics of a joint family can be summarized as follows :
1. Common residence:
Characteristic feature of the joint family. It implies that all the members live together one roof. The traditional Indian joint family consisted of several family units. But although units lived together in a single house. However, when the accommodation was felt inadequate they were compelled to live separately in the close vicinity.
2. Common Property:
Another significant feature of the joint family is that the members hold property, both movable and immovable, in common. The head of the household also maintains a common fund, which pulls together the earnings of all the members. In wealth of the family is both produced and consumed collectively and the head that is known as the 'karat' acts as trustee of the common property. He looks after the material well-being of all the members his family. Although the members of the joint family earn according to their capacity, the consumption is not delimited to their earnings. Rather they consume in accordance with the necessity.
3. Joint Kitchen:
The presence of a joint family is also felt due to the existence of a common kitchen the spouse of the head of the family or an aged woman of the family acts as the Order on applications U/s 23 & S.25 PWDV Act Page no 10 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015 supervisor of the other female members working in the kitchen. While the women of the family an engaged at the hearth, the males are engaged in field work outside home. Generally, the children and male members of the joint family are, first of all, served food by the women an thereafter they themselves take food. So long as a joint kitchen is maintained the joint family remains integrated. But when separate cooking begins, the beginning of disintegration of joint family starts.
4. Common Religious Worship:
The members of a joint family believe in common gods and goddesses. Their common gods and goddesses are known as their 'Kula Devatas'. Religion is so much integrated with the Hindu social life that several religious ceremonies and rituals are performed in a collects manner. The younger generation learns the religious practices from the older generation.
5. Kindred Relationship:
The members of the joint family are bound together through blood relationship. Parents and children, brothers and sisters, grandparents and grand children are all tied by kinship bonds and are accommodated under the same roof.
6. Consciousness of mutual rights and obligations:
All the members of the joint family, except the head or 'Karta', have equal rights and obligations. The members are always conscious of these rights and obligations. This consciousness maintains the Order on applications U/s 23 & S.25 PWDV Act Page no 11 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015 joint family as a closely-knit unit. However, the head of the joint family appears more equal than other members in regard to the rights and obligations.
7. Rule of the Head:
The eldest married male member of the family, known as the 'Karta' is the head of a joint family. The 'Karta' possesses absolute authority over all the members of the family. His decision is also binding on all the family matters.
8. There Generation Depth:
The joint family comprises of persons belonging to at least three generations. Many a time, it may be supplemented by other relatives like cousins, great grandsons etc.
23. It is an admitted case that Complainant alongwith respondent no 1 were having a separate independent accommodation bearing House no. 12A/3, Friends Colony, West, New Delhi-110065 whereas the in- laws resided in a separate accommodation bearing House no. 21, Friends Colony, West, New Delhi-110065.
24. A existence of a common kitchen and residing under the same roof are two of the essential Order on applications U/s 23 & S.25 PWDV Act Page no 12 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015 characteristics of a Hindu Undivided Family i.e. HUF which are conspicuously absent in the present case.
25. The argument of the complainant that the business of respondents is to be considered as HUF cannot be considered at this stage without trial as it is an admitted case that the complainant and respondent no.1 were residing in a separate independent accommodation from that of other respondents. Thus the applications will have to be decided on the basis of independent earning capacity of the respondent no 1 I.e, the husband.
26. In the financial year 2013-2014, the net income of respondent no. 1, after payment of tax was Rs. 64,29,124/- per annum. As per his ITR of financial year 2014-2015, has shown his annual income to be Rs. 1,24,83,200/- per annum out of which Rs.42,41,000/- is one time capital receipt from LIC of India. After excluding this one time payment, the gross annual income of respondent no. 1 is Rs.82,42,200/- per annum. She further submits that in the same financial year, respondent Order on applications U/s 23 & S.25 PWDV Act Page no 13 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015 has paid a tax of Rs.18,13,067/-. The other factors pointed out by complainant cannot be taken into consideration without trial. Thus, the total monthly income of respondent is assessed to be Rs.5,35,760/-.
27. As far as complainant is concerned: She has done a course in film making and was pursuing a carrier as such prior to her marriage with respondent. Even after marriage, as per the own admission of the complainant, she has been successful in reviving loss making hotel and pub of the respondents and transform it into a profit making venture. From this it is clear that complainant is well qualified and possessed of qualities and has a sharp business acumen and is capable of securing a suitable employment for herself.
28. In the case of Damanpreet Kaur vs Indermeet Juneja, Delhi High Court discussed the judgment of In Smt.Mamta Jaiswal vs. Rajesh Jaiswal 2000(3) MPLJ 100, the High Court of Madhya Pradesh and observed :
Order on applications U/s 23 & S.25 PWDV Act Page no 14 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015 "...while dealing with identical situation observed that well qualified spouses desirous of remaining idle, not making efforts for the purpose of finding out a source of livelihood, have to be discouraged, if the society wants to progress. For better appreciation, relevant paragraphs of the said decision are reproduced hereunder:-
"In view of this, the question arises, as to in what way Section 24 of the Act has to be interpreted. Whether a spouse who has capacity of earning but chooses to remain idle, should be permitted to saddle other spouse with his CRL.REV.P. 344/2011 Page 5 of 8 or her expenditure? Whether such spouse should be permitted to get pendent lite alimony at higher rate from other spouse in such condition? According to me, Section 24 has been enacted for the purpose of providing a monetary assistance to such spouse who is incapable of supporting himself or herself inspite of sincere efforts made by him or herself. A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendent lite alimony. The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversary by implementing the provisions of law suitable to their purpose. In the present case Mamta Jaiswal is a well qualified woman possessing qualification like M.Sc. M.C M.Ed. Till 1994 she was serving in Gulamnabi Azad Education College. It impliedly means that she was possessing sufficient experience. How such a lady can remain without service? It really put a big question which is to be answered by Mamta Jaiswal with sufficient cogent and believable evidence by proving that in spite of sufficient efforts made by her, she was not able to get service and, therefore, she is unable to support herself. A lady who is fighting matrimonial petition filed for divorce, cannot be permitted to sit idle and to put her burden on the husband for demanding pendente lite alimony from him during pendency of such matrimonial petition.
Order on applications U/s 23 & S.25 PWDV Act Page no 15 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015 Section 24 is not meant for creating an army of such idle persons who would be sitting idle waiting for a „dole‟ to be awarded by her husband who has got a grievance against her and who has gone to the Court for seeking a relief against her. The case may be vice versa also. If a husband well qualified, sufficient enough to earn, sit idle and puts his burden on the wife and waits for a ‟dole‟ to be awarded by remaining entangled in litigation. That is also not permissible. The law does not help indolents as well idles so also does not want an army of self made lazy idles. Everyone has to earn for the purpose of maintenance of himself or herself, at least, has to make sincere efforts in that direction. If this criteria is not applied, if this attitude is not adopted, there would be a CRL.REV.P. 344/2011 Page 6 of 8 tendency growing amongst such litigants to prolong such litigation and to milk out the adversary who happens to be a spouse, once dear but far away after an emerging of litigation. If such army is permitted to remain in existence, there would be no sincere efforts of amicable settlements because the lazy spouse would be very happy to fight and frustrate the efforts of amicable settlement because he would be reaping the money in the nature of pendent lite alimony, and would prefer to be happy in remaining idle and not bothering himself or herself for any activity to support and maintain himself or herself. That cannot be treated to be aim, goal of Section 24. It is indirectly against healthiness of the society. It has enacted for needy persons who in spite of sincere efforts and sufficient effort are unable to support and maintain themselves and are required to fight out the litigation jeopardizing their hard earned income by toiling working hours.
In the present case, wife Mamta Jaiswal, has been awarded Rs.800/- per month as pendent lite alimony and has been awarded the relief of being reimbursed from husband whenever she makes up a trip to Indore from Pusad, Distt. Yeotmal for attending Matrimonial Court for date of hearing. She is well qualified woman once upon time obviously serving as lecturer in Education College. How she can be equated with a gullible woman of village? Needless to point out that a Order on applications U/s 23 & S.25 PWDV Act Page no 16 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015 woman who is educated herself with Master‟s degree in Science, Masters Degree in Education, would not feel herself alone in travelling from Pusad to Indore, when at least a bus service is available as mode of transport. The submission made on behalf of Mamta, the wife, is not palatable and digestible. This smells of oblique intention of putting extra financial burden on the husband. Such attempts are to be discouraged."
29. The practice of well qualified spouses desirous of remaining idle and not making efforts to find source of livelihood has to be discouraged. if one spouse if well qualified and capable of acquiring suitable employment, then she should make reasonable effort to mitigate her circumstances.
30. Keeping in view the facts of the case, complainant should be accorded reasonable time to secure a suitable employment for herself. It is ordered as follows:
a) The respondent no 1 is directed to pay Rs.
1,70,000/- per month towards the maintenance of the complainant w.e.f today for a period of one year or till the complainant is able to secure a suitable employment for herself, or till she is legally entitled to receive the same, Order on applications U/s 23 & S.25 PWDV Act Page no 17 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015 whichever is earlier. Needless to say that said amount also includes the expenses for alternate accommodation and any other ancillary expenses.
b) The respondent no. 1 shall also pay a maintenance @ Rs.1,00,000/- per month w.e.f date of filing till date as the complainant had not incurred any expenses towards accommodation during this period.
31. One year is a reasonable time for the complainant to look for a suitable employment for herself.
32. Needless to say that the amount of maintenance paid in any other proceedings shall be adjusted.
33. Needless to say, ad-interim order dated 21.05.2014 stands vacated.
34. Payment of maintenance has to be made on or before 10th day of each month by depositing the same directly in the bank account of the complainant to be placed on record and a copy be also provided by her to respondent no. 1 for compliance.
Order on applications U/s 23 & S.25 PWDV Act Page no 18 of 19 CC No. 1730/3 PS N.F.C, Ekta Puri Vs Vikramjeet Puri Date: 21.09.2015
35. Nothing stated herein above shall tantamount as any expression of opinion on the merits of this case. Both the applications under consideration are disposed of accordingly.
Copy of this order be given dasti.
(Shivani Chauhan) Mahila Court/MM-01/SED/Saket Courts, New Delhi/21.09.2015 Order on applications U/s 23 & S.25 PWDV Act Page no 19 of 19