Delhi High Court
Monica vs Vikas Sharma And Anr. on 22 November, 2006
Author: Badar Durrez Ahmed
Bench: Badar Durrez Ahmed
JUDGMENT Badar Durrez Ahmed, J.
1. This revision petition is directed against the order dated 10.05.2005, passed by the learned Metropolitan Magistrate, granting a sum of Rs. 5,000/- per month as interim maintenance to the petitioner till further orders. This was without prejudice to the rights and contentions of the parties. The petitioner is aggrieved by this order inasmuch as, according to her, this amounts to a pittance compared to the financial status and standing of the respondent.
2. It is true that there is an ongoing dispute, which will ultimately be settled in the petition under Section 125 Cr.P.C, which is pending before the learned Metropolitan Magistrate, after evidence is led and parties are heard. However, at this stage, the court has to take a prima facie view looking at the material on record and considering the financial status of the parties. Section 125 of the Code of Criminal Procedure, 1973 is a provision whereby maintenance is granted to family members, including wives as a measure to prevent their vagrancy. It is part of the Code of Criminal Procedure and is clearly distinct and different from the provisions of personal law of civil nature governing the parties. It has specifically been made a part of the Code of Criminal Procedure because the state is interested in seeing that its citizens are not subjected to conditions which would result in their vagrancy. As observed by the Supreme Court in Savitaben Somabhai Bhatiya v. State of Gujarat :
9. The provision is enacted for social justice and specially to protect women and children as also old and infirm poor parents and falls within the constitutional sweep of Article 15(3) reinforced by Article 39 of the Constitution. The provision gives effect to the natural and fundamental duty of a man to maintain his wife, children and parents so long as they are unable to maintain themselves. Its provisions are applicable and enforceable whatever m ay be the personal law by which the persons concerned are governed.
3. While a sum of Rs. 5,000/- per month may be sufficient for some individuals considering their financial status, it may be thoroughly inadequate for others, who have the wherewithal to pay much higher quantums of maintenance. At this stage, which is merely an interim stage, the learned Metropolitan Magistrate was required to consider the material on record to come to a conclusion to provide maintenance as an interim measure to the petitioner, who is the wife of the respondent. Although, some of the submissions of the parties have been mentioned in the impugned order, unfortunately, the order granting interim maintenance of Rs. 5,000/- per month, has been passed, in the words used by the learned Metropolitan Magistrate, without going into the merits of the case. The Metropolitan Magistrate was required to take a prima facie view on the basis of the material placed on record.
4. The respondent has taken the plea that he is earning about 500 US dollar per month and is an employee and has no connection with his father's business and has two children from his previous marriage. For this, he has apparently produced a certificate indicating that his salary is 500 US dollars. The learned Counsel for the respondent submitted that the documents of the matrimonial services, relied upon now, were not exhibited before the trial court and, therefore, there is no error in the Magistrate's order.
5. On the other hand, the petitioner has indicated that the marriage between the petitioner and the respondent was arranged through Sycorian Matrimonial Services, Safdarjung Enclave, New Delhi. The respondent was a divorcee and had two children from his previous marriage and it is only through persistence of the respondent and his family members that the petitioner had agreed to marry him. It is further submitted on behalf of the petitioner that both the petitioner and the respondent had approached the said matrimonial services for the purposes of finding a suitable match. At the time of approaching the said matrimonial services, the bio-data of the petitioner as well as that of the respondent were prepared by the matrimonial services. The bio-data of the respondent, which is on record, is quite revealing, to say the least. Under the head family details, it is indicated that the respondent's family is a nuclear family, partly based in India and abroad. The respondent had indicated that he was handling his business with his brother in 150 commodities like food, textiles, plastics, electronics, household appliances and general commodities like toothpaste. It was further stated that the respondent's father was the chairman of the company. Under the head properties, it was indicated that he owns a bungalow in Belgium. Apart from that he owns farm land and another house in Lajpat Nagar, New Delhi and further land in Gurgaon and a big bungalow in Kinshasha, which is the capital of Congo. Under the head business/ professional interests, the type of activity is given as import and export and the turnover is given as 20 million dollars, amounting to Rs. 200 crores. The business activities are of 150 commodities, Avon cycle, biscuits, electronics, food, textile, household articles. It was stated that they had 8 wholesale units and shops in Congo and 8 retail units. Under the head family vehicles, the details given are Mercedes, Toyota, Opel and other 30-40 cars and in the expectations column, it was indicated that the respondent was looking for a good looking girl with Indian values, who is caring and sweet. Obviously, the petitioner fitted that bill. Accompanied with this bio-data is the declaration of the respondent dated 15.11.2003 signed at New Delhi. The declaration reads as under:
I Vikas Sharma hereby declare and given an undertaking that all the information/facts and figures given by me in the Bio-Data/ Personality profile form and otherwise are correct, and no facts have been concealed or withheld and I am bound by the same. Further, I promise to abide by the rules and regulations of the company. I also agree to accept the decision of the company for accepting/ rejecting the application.
These documents are supported by an affidavit of Ms Nita Jha, who was the Marketing Manager of Sycorian Matrimonial Services having its office at A-2/11, Safdarjang Enclave, New Delhi. The affidavit clearly indicates, inter alia, the following:
4. That Mrs. Anju Sharma had assured me in November, 2003 that she will keep Monica like a princess and shall never let a single tear come to her eyes if she agrees to marry her son. This was also communicated by me to Monica.
5. That the details mentioned in the Bio Data of Vikas Sharma have been filled in our prescribed proforma as provided to us by Vikas and his mother as per the personality profile attached herewith. Vikas Sharma's registration no. with us is 181511035519279.
This affidavit has been sworn by the said Nita Jha at New Delhi on 04.10.2005.
6. There is an E-mail sent by the respondent to the petitioner on 05.06.2004 wherein the respondent has asked the petitioner that everything would be fine. In the said E-mail it is also indicated that the respondent was very happy to find the petitioner who loved Durjaya and Surya like him. In the same E-mail, he stated that he was sorry to have caused the petitioner so much pain and that he would make it up to her. He made this promise. About 14 days later on 19.06.2004 another E-mail has been sent by the respondent to the petitioner wherein he says that he is going to leave Congo and go somewhere else and that he was going to talk to his father about going on his own. He further stated that he was not blaming the petitioner for anything, but it is better that they part and that it was better to swallow the pain now then live a life like this. He said that he was sorry. There is another E-mail on record from the respondent to the petitioner's father stating that he would not be coming to India, that he was too busy and that he had asked his parents to settle the matter with the petitioner. It is the case of the petitioner that she was living with her in-laws in India when the petitioner was thrown out of her house and at the instance of the in-laws these E-mails were written by her husband/ respondent, who was, at that time, in Congo. He did not even bother to come to India to sort out the matter.
7. After examining these materials on record, I take a prima facie view and I find that the respondent is not disassociated from his father. Secondly, I find that the respondent is a man of means and the story of his earning a paltry sum of $ 500 does not appeal to me at this prima facie state.
8. It is an unfortunate situation that at the time when the respondent sought matrimony, being a divorcee, he stated his wealth to its fullest extent and at the time which has come for parting and paying maintenance, he claims to be a virtual popper. In my view, such a conduct cannot be accepted at this prima facie stage and I feel that the petitioner, as an interim measure, should be granted maintenance at the rate of Rs. 50,000/- per month although her demands are much higher. This interim maintenance would be, however, subject to the final order that may be passed by the learned Metropolitan Magistrate, in the proceedings under Section 125 of the Code of Criminal Procedure. It is further directed that the proceedings before the learned Metropolitan Magistrate be expedited and be concluded preferably within two months. This order has been passed without prejudice to the rights and contentions of the parties. The respondent shall have full liberty to produce his defense evidence. This order shall not come in the way of the final order that may be passed by the learned Metropolitan Magistrate, who shall remain uninfluenced by any observation made herein. This order of interim maintenance of Rs. 50,000/- per month shall operate as an interim measure from 02.06.2006.
This revision petition stands disposed of.