In CRL.M.C. 406/2023 -DEL HC- Delhi High Court directs husband to clear 20% of arrears while awaiting fresh hearing on interim maintenance
Justice Swarana Kanta Sharma [01-12-2023]

Read Order: Kiran Jyot Maini V. Anish Pramod Patel

Chahat Varma

New Delhi, December 7, 2023: The Delhi High Court has recently granted partial relief to a wife in a domestic violence case and directed her husband to pay 20% of the arrears of maintenance.

The brief issue involved in the present case was that the marriage between the petitioner-wife and respondent-husband took place on 30.04.2015.  An FIR was filed by the petitioner against the respondent under Sections 498A/323/504 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The respondent filed a writ petition for stay on arrest and quashing of the FIR, which was initially referred to mediation. Thereafter, the High Court dismissed the writ petition. Subsequently, the petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (PWDV Act), seeking interim maintenance. The Judicial Magistrate ordered the respondent to pay Rs. 35,000 per month, later modified to Rs. 45,000 per month to the petitioner and Rs. 55,000 per month to their daughter. The respondent challenged these orders through applications under Section 482 of Cr.P.C. before the High Court. The matter was referred to mediation but failed. The petitioner then filed a criminal application under Section 31(1) of the PWDV Act for non-compliance of the maintenance order. Thereafter, the respondent sought the transfer of all criminal cases and complaints filed by the petitioner-wife to the Courts in Delhi. The Supreme Court allowed this request, transferring the cases to Tis Hazari Court, Delhi and the Allahabad High Court dismissed the applications filed by the respondent under Section 482 Cr.P.C. as infructuous.

In the present case, the petitioner, through prayer clause (a), had sought directions for the respondent to pay the maintenance amount as per the order dated 01.02.2019, encompassing the arrears of maintenance. Additionally, in prayer clause (b), the petitioner had requested the attachment of the respondent's bank account. Lastly, in prayer clause (c), she sought an alternative relief, urging the Trial Court to decide the issue regarding the non-payment of interim maintenance, without any delay.

The single-judge bench, presided over by Justice Swarana Kanta Sharma, observed that regarding the petitioner's prayer for the attachment of the respondent's bank accounts for failing to pay interim maintenance, the petitioner had already filed an application under Section 20(6) of PWDV Act. This application was pending adjudication before the Metropolitan Magistrate, Mahila Court, Central District, Tis Hazari Court. Thus, the bench found no reason to issue directions at this stage, as the appropriate remedy under Section 20(6) of the PWDV Act had already been pursued by the petitioner.

Additionally, concerning the petitioner's request for directing the respondent to clear the entire arrears of maintenance, the bench noted that the petitioner had already filed an Execution Petition before the Trial Court in Delhi.

However, the bench noted that in a connected matter, where the respondent contested the orders granting interim maintenance to the petitioner, the Court, in a judgment dated 01.12.2023, remanded the matter to the Trial Court in Delhi. The Court directed the Trial Court to decide afresh the issue of interim maintenance payable to the petitioner and her daughter within a period of 3 months.

Therefore, the bench held that the prayers in the present petition seeking directions to the respondent to pay the amount of interim maintenance awarded vide order dated 01.02.2019 and/or directing the Trial Court to expeditiously dispose of the pending cases could not be allowed at that stage, since the Trial Court had been directed to decide the issue of interim maintenance afresh. However, the bench noted that it was clarified in the connected matter, that until the Trial Court decides the aforementioned issue anew, the respondent, i.e., the husband, shall continue to pay Rs. 45,000 per month to the petitioner-wife.

Considering the overall facts and circumstances of the case and the amount of arrears of maintenance calculated as per the order of the Sessions Court, Gautam Budh Nagar, which was passed in the year 2019, the Court deemed it appropriate to direct the respondent to pay 20% of the amount of arrears of maintenance, i.e., 20% of Rs. 65,00,000 (approximately) which amounted to Rs. 13,00,000, within a period of 20 days from the date of order.

The bench reiterated that if the Trial Court awarded interim maintenance that was less than the amount of interim maintenance already decided in this case, the excess amount paid would be adjusted in the future amount of maintenance/interim maintenance to be paid by the respondent.

The Court also issued a stay on the adjudication of Execution Petition and the application filed under Section 20(6) of the PWDV Act for a period of three months until the decision of the Trial Court on the issue of interim maintenance payable under Section 20 read with Section 23 of the PWDV Act. The proceedings after this period will be contingent upon the amount of interim maintenance determined by the Trial Court.

With these directions, the present petition stood disposed of.