Vikas Singh vs Hema Singh

By way of this Revision, the petitioners are challenging the impugned order dated 31st May, 2022 passed by the 1st Additional Sessions Judge, Bilaspur in Criminal Appeal No.186/2021 (Vikas Singh & Others Vs. Smt. Hema Singh) whereby learned Additional Sessions Judge, without taking into consideration the fact that interim maintenance of Rs.3,000/- has already been awarded in a proceeding in MJC No.415/2018 by the Additional Principal Judge, Family Court, Bilaspur, has awarded interim maintenance of Rs.7,000/-.

Learned counsel for the petitioners submits that petitioner No.1 – Vikas Singh is providing maintenance of Rs.3,000/- per month to the respondent wife and minor daughter, which has been fixed by the family Court, Bilaspur in MJC No.415/2018 on 1.10.2019. The respondent had moved an application under the Protection of Women from Domestic Violance Act in which the Judicial Magistrate 1st Class, Bilaspur, vide order dated 25.10.2021, has fixed the interim maintenance to the tune of Rs.15,000/-, which has been reduced to Rs.7,000/- by the 1st Additional Sessions Judge, Bilaspur by the impugned order. However, the fact that as against the petitioners, in different proceeding, already a maintenance amount of Rs.3,000/- has been fixed, has not been taken note of. He finally submits that in simultaneous proceeding, the wife can claim maintenance under different enactments, but necessary adjustments must be made.

On the other hand, learned counsel for the respondent-wife submits that in spite of fixation of interim maintenance, petitioner No.1/husband is not paying any maintenance to the wife and is frustrating the object of legislature and in the circumstances, he is bound to pay interim maintenance, so that dependant spouse is prevented from vagrancy, and only to delay the proceeding, he has filed the application.

In the matter of Rajnesh Vs. Neha and Another {(2021) 2 SCC 324}, it has been observed by the Hon’ble Supreme Court that a wife can make a claim for maintenance under different enactments. It would however, be inequitable to direct the husband to pay maintenance under each of the proceedings, independent of the relief granted in a previous proceeding. If maintenance is awarded to the wife in a previously instituted proceeding, she is under a legal obligation to disclose the same in a subsequent proceeding for maintenance, which may be filed under another enactment. While deciding the quantum of maintenance in the subsequent proceeding, the civil Court/family Court shall take into account the maintenance awarded in any previously instituted proceeding and determine the maintenance payable to the claimant.

It is noted that vide order dated 1.10.2019 passed in MJC No.415/2018, under Section 125 of the CrPC, the family Court has determined interim maintenance to the tune of Rs.3,000/- and by order dated 25.10.2021 passed by the Judicial Magistrate 1st Class, in a proceeding arising out of Protection of Women from Domestic Violance Act, in MJC No.134/2019, a sum of Rs.15,000/- has been awarded by the said Court, against which on appeal preferred by petitioner No.1-husband, the said amount has been reduced to Rs.7,000/- by the learned 1st Additional Sessions Judge, Bilaspur.

In the circumstances, this Court is of the view that interim maintenance of Rs.7,000/- shall be granted to the wife and minor daughter, and the amount already awarded in a proceeding under Section 125 of the CrPC i.e. Rs.3,000/- shall be adjusted in the said amount.

Accordingly, the impugned order is modified. The Revision is allowed to the extent indicated above.