Surbhie Kapoor vs Harvinder Preet Singh Batra and Others <BR> Harvinder Preet Singh Batra and Others Vs Surbhie Kapoor and Another

Sabina, J.—Vide this judgment, above mentioned two petitions would be disposed of as these have arisen out of the impugned order dated 11.9.2012. I have heard learned counsel for the parties and have gone through the record available on the file carefully.

Admittedly, Surbhie Kapoor is legally wedded wife of Harvinder Preet Singh. Due to some matrimonial dispute between the parties, Surbhie Kapoor has filed a complaint u/s 12 of the Protection of Women From Domestic Violence Act, 2005 (the Act for short) against her husband and his parents. The trial Court, vide order dated 9.5.2012 allowed Rs. 50,000/- per month by way of interim maintenance to Surbhie Kapoor. Aggrieved against the said order, Harvinder Preet Singh and his parents preferred an appeal. The Court of appeal, vide impugned order dated 11.9.2012, reduced the quantum of maintenance from Rs. 50,000/- to Rs. 25,000/-. Hence, the present petitions by both the parties.

In the present case, admittedly, Harwinder Preet Singh, is working as Assistant Vice President of Premerica Life Insurance Company DLF. His monthly salary is Rs. 1,49,450/-. He also gets bonus over and above his salary. Harwinder Preet Singh had shown that his monthly expenses come to about Rs. 60,000/- per month. It is also the case of Harwinder Preet Singh that he is maintaining his old parents.

At this stage, there is nothing on record to suggest that Surbhie Kapoor is capable of maintaining herself. Harwinder Preet Singh is, thus, duty bound to maintain his wife.

Keeping in view the salary of Harwinder Preet Singh, the court of appeal had erred in reducing the quantum of interim maintenance to Rs. 25,000/- only. In fact, in view of the salary earned by Harwinder Preet Singh, it would be just and expedient to allow Rs. 40,000/- by way of interim maintenance to his wife. Surbhie Kapoor is expected to lead her life with dignity and as per standard cabale of being maintained by her husband.

Accordingly, Criminal Revision No. 3671 of 2012 is dismissed. Criminal Miscellaneous No. 34008 of 2012 is allowed and the impugned judgment passed by the Court of appeal dated 11.9.2012 is modified to the extent that Surbhie Kapoor is entitled to receive maintenance @ Rs. 40,000/- per month. It is clarified that anything said above shall have no bearing on the merits of the case pending before the trial Court.