Madhya Pradesh High Court
Anand Dixit vs Smt. Sushma Dixit on 12 April, 2017
1
Cr.R.No.561/2015
(Anand Dixit v. Smt. Sushma Dixit)
12/04/2017
Shri S.K. Shrivastava, Counsel for the applicant.
None for the respondent, though served.
Heard finally.
This Criminal Revision under Section 397,401 of Cr.P.C. has been filed by the applicant against the order dated 20-6-2015 passed by Additional Principal Judge, Family Court, Gwalior in M.Cr.C. No. 240/2012 by which the Court below has awarded monthly maintenance to the respondent at the rate of Rs. 2000 per month.
The necessary facts for the disposal of the present application in short are that the respondent had filed an application under Section 125 of Cr.P.C. for grant of maintenance on the ground that She was married with the applicant on 18-5-2003 as per Hindu Rites and Rituals. She stayed with the applicant till 18-10-2007. It was alleged by the respondent that the applicant has deserted her and on false averments, he has filed a petition under Section 13 of the Hindu Marriage Act, and the respondent has been forced to stay with her parents.
In reply, it was contended by the applicant, that the respondent had never stayed with him as his wife. On 22-2-2005, the respondent had a fight with his family members. On 23-2-2005, the father and other relatives of the respondent came and when they were offered chair, they threw the same and started abusing the applicant and his family members. It was 2 Cr.R.No.561/2015 alleged that the respondent is residing separately without any reasonable reason. It was further pleaded that because of the criminal case registered by the respondent, he has been suspended. The respondent is also getting interim maintenance under Section 24 of Hindu Marriage Act as well as under the Protection of Women From Domestic Violence Act.
The Trial Court after recording the evidence of the parties allowed the application and has directed the applicant to pay Rs. 2000 per month by way of maintenance from 19-12-2012 i.e., the date of the application.
Challenging the correctness of the order dated 20-6-2015, it is submitted by the Counsel for the applicant that the applicant has been placed under suspension only because of the criminal case instituted by the respondent for an offence under Section 498-A of I.P.C. and therefore, he is getting only the subsistence allowance and thus, the maintenance amount of Rs. 2000 per month awarded by the Court below is on higher side. It is further submitted that the maintenance amount awarded under Section 24 of Hindu Marriage Act is also liable to be adjusted.
So far as the question of adjustment of interim maintenance awarded under Section 24 of Hindu Marriage Act is concerned, it is clear from the order of the Court below that the same has been taken into consideration while fixing the maintenance amount. Therefore, the interim amount so awarded under 3 Cr.R.No.561/2015 Section 24 of Hindu Marriage Act cannot be further adjusted. So far as the monetary relief awarded under Section 20 of the Protection of Women From Domestic Violence Act is concerned, it is clear that the same is above and in addition to the maintenance amount awarded under Section 125 of Cr.P.C., therefore, the same cannot be adjusted.
The Supreme Court in the case of Juveria Abdul Majid Patni Vs. Atilf Iqbal Mansoori (2014) 10 SCC 736, has held as under :
"The monetary relief as stipulated under Section 20 is different from maintenance, which can be in addition to an order of maintenance under Section 125 CrPC or any other law. Such monetary relief can be granted to meet the expenses incurred and losses suffered by the aggrieved person and child of the aggrieved person as a result of the domestic violence, which is not dependent on the question whether the aggrieved person, on the date of filing of the application under Section 12 is in a domestic relationship with the respondent."
So far as the income of the applicant is concerned, the applicant has placed his suspension order on record as Ex. D1. It is clear from the suspension order, that the applicant has been placed under suspension because he is not punctual and is in habit of remaining absent unauthorisedly. Therefore, it cannot be said that the applicant has been placed under suspension because of the pendency of the criminal case. It is submitted by the Counsel for the applicant that as the criminal case was registered against him, therefore, in order to obtain anticipatory 4 Cr.R.No.561/2015 bail, he was absconding therefore, he was on unathorised leave. Such an explanation has not been given by the applicant in his cross examination. Therefore, the submission made by the Counsel for the applicant cannot be accepted.
It is further submitted by the Counsel for the applicant, that without assigning any reason, the Court below has awarded the maintenance amount from the date of the order. It is clear from the record that the application for grant of interim maintenance was rejected and without any delay, the respondent led her evidence. The applicant had sought several adjournments for filing reply. Thereafter, he also filed an application for taking additional documents on record and thereafter sought adjournments for arguing on the said application. Thus, it is clear that the respondent was not responsible for any delay in the proceedings, but in fact it is the applicant who had sought adjournments. Thus, under these circumstances, where the interim maintenance was not awarded in the light of the fact that the respondent was already getting an interim maintenance under Section 24 of Hindu Marriage Act as well as monetary relief under Section 20 of the Protection of Women From Domestic Violence Act, this Court is of the view that the Court below did not commit any illegality in awarding maintenance from the date of the application.
Further the Court below has awarded the maintenance amount of Rs. 2000 per month.
5 Cr.R.No.561/2015Considering the price index as well as the rate of inflation, this amount cannot be said to be on higher side.
Accordingly, the application sans merits and is hereby dismissed.
(G.S.Ahluwalia)
(alok). Judge