Delhi High Court
Raj Kumar vs Renu on 11 April, 2019
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 11.04.2019
+ CRL.REV.P. 651/2017
RAJ KUMAR ..... Petitioner
versus
RENU ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr.Akshat Goel and Mr.Dushyant Tiwari, Advs.
For the Respondent : Mr. Irfan Khan, Adv.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner impugns order dated 01.12.2016 whereby, in the
proceedings initiated under Section 125 Cr.P.C by the respondent,
Trial Court directed the petitioner to make an ad hoc payment of
Rs.50,000/- without prejudice to the rights and contentions of the
parties.
2. It is an admitted position that petitioner has paid the said
amount of Rs.50,000/-.
3. Learned counsel for the petitioner submits that respondent had
also initiated proceedings under Section 12 of The Protection of
Women from Domestic Violence Act, 2005 (DV Act for short) in
which by order dated 03.02.2017 interim maintenance of Rs. 3,000/-
has been fixed which is to be paid from the date of filing of the said
petition i.e. 03.08.2015.
4. Learned counsel submits that the subject proceedings under
Section 125 Cr.P.C. were initiated on 05.10.2015. He submits that in
terms of the order passed by the Mahila Court in the DV Act
proceedings, a sum of Rs.66,000/- has already been paid till date.
5. He submits that since the income of the petitioner has been
assessed prima facie at Rs.8000/- and interim maintenance of
Rs.3000/- has been fixed, the amount paid by the petitioner in these
proceedings under section 125 CrPC should be taken into account for
adjustment towards maintenance to be paid by the petitioner in the
DV Act proceedings.
6. Learned counsel for the petitioner submits that calculated from
03.08.2015 at the rate of Rs.3000/- till 30.04.2019, petitioner is liable
to pay a total sum of Rs.1,32,000/- out of which Rs.66,000/- has
already been paid in DV Act proceedings and Rs.50,000/- has been
paid in terms of the impugned order passed in the Section 125 Cr.P.C
proceedings and accordingly a sum of Rs.16,000/- is due and payable.
He submits that petitioner shall pay the balance amount to the
respondent by 30.04.2019.
7. Learned counsel appearing for the respondent submits that the
Mahila Court has erred in assessing the income of the petitioner at
Rs.8000/- whereas the income of the petitioner is much more than
Rs.8000/-. This submission is denied by the petitioner.
8. Learned counsel for the respondent further points out that by
order dated 03.02.2017 in the DV Act proceedings, the court has
already directed that any maintenance paid by the petitioner would be
accordingly adjusted.
9. Whether income of the petitioner is Rs.8000/- or more is a
factor which would be considered by the respective Courts when
evidence is adduced by the parties on the said aspect.
10. It is agreed that pending assessment of income and the
consequential maintenance amount by the respective Courts, after
evidence is led by the parties, the interim maintenance to be paid to
the respondent would be at Rs.3000/- per month. This would however,
be subject to Section 127 Cr.P.C.
11. In case either of the two Courts return a finding that income of
the petitioner is more than Rs. 8000/- and maintenance amount has to
be enhanced, appropriate adjustment would be given to the petitioner
for the amounts already paid by him in both these proceedings.
12. It is clarified that a final order passed by the Court either under
Section 125 Cr.P.C or under the DV Act would be a relevant
consideration by the other Court for adjudication of the proceedings
pending before it.
13. It is further clarified that this Court has neither considered nor
opined on the merits of the case of either party. The rights and
contentions of the parties are accordingly reserved.
14. The petition is disposed of in the above terms.
15. After the petition was disposed of, parties prayed that the
parties be referred to mediation. Accordingly, parties are referred to
mediation. Parties shall appear before Delhi High Court Mediation &
Conciliation Centre on 26.04.2019 at 4 PM.
16. List before Court for reporting settlement, if any, on
09.08.2019.
17. Order dasti under signatures of the Court Master.
APRIL 11, 2019 SANJEEV SACHDEVA, J
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