Pankaj Verma v. Preeti Verma

1. Notice.

2. Learned counsel for the respondent ispresent and accepts notice.

3. By way of this revision petition, challenge has been made to order dated 31.8.2013 by the petitioner/husband wherein the criminal appeal filed by him challenging order dated 11.11.2011 passed by learned MM to pay interim maintenance to respondent @ ?20,000/- p.m. and ^25,000/- p.m. each toboth the children from the date offiling ofthe petition i.e. 22.1.2011 tillthe disposal ofpetition filed byrespondent/wife hasbeendismissed. The petitioner/husband has also challenged the aforesaid order whereby the learned ADJ has accepted the appeal ofthe respondent/wife and thereby has enhanced the interim maintenance of the respondent/wife from ?20,000/and has granted interim maintenance to her@^32,105/- from 22.11.2011 to May, 2011 and w.e.f. 1.6.2011 till the final disposal of the petition @ ^29,929/-. The interim maintenance of the children has also been enhanced and they have been given interim maintenance @ ^37,105/- each w.e.f 22.1.2011 to May, 2011 and w.e.f 1.6.2011 @^34,929/- till final disposal ofthe petition.

4. After some arguments, learned counsel appearing for the parties have agreed to modify the impugned order till the disposal ofthe petition pending before learned MM, Mahila Court under Domestic Violence Act on merits. The learned counsel for parties have agreed asunder;-

(i) It has been agreed that the petitioner/husband shall pay the arrears of interim maintenance of the children @ ?55,000/- i.e. ^27,500/- for each CRL.REV.P. 540/2013 &CRL.REV.P. 542/2013 Page 2of[4] \J child inthe form ofFDR within 8weeks from today. The arrears ofinterim maintenance ofthe wife shall be given @?20,000/- to her within 8 weeks from today. The said FDR shall be for aperiod of5years. The said amount shall be released to the children on attaining the age ofmajority and with the permission ofthe learned trial court, ifthe amount is required prior to that. The arrears shall be given from the date as is granted by the learned trial court i.e. thedate of filing ofthepetition i.e. 22.1.2011.

(ii) Ithas also been agreed that petitioner/husband will get the adjustment ofamount from the arrears ofinterim maintenance which he has already paid to the respondent/wife.

(iii) The current interim maintenance shall be given to the respondent @ ^75,000/- per month i.e. ?20,000/- for the wife and ?27,500/- for both the children. The maintenance at aforesaid rate shall be given till the petition is finally decided by the learned M.M. on merits. The current interim maintenance shall be deposited by the 12^ of every month in the bank account ofrespondent by the petitioner/husband. The respondent/wife shall give the details of the bank account to the petitioner/husband within two weeks fromtoday.

5. The petitions stand disposed of as per agreed terms stated by the counsel for the parties.

6. The trial court is directed to expeditiously dispose of the case on merits. Parties shall cooperate in the expeditious disposal ofthe matter.

7. It is clarified that nothing stated herein shall have any bearing on the final outcome ofthe case and the trial court shall be free to decide the same on the basis ofmaterial on record. CRL.REV.P. 540/2013 &CRL.REV.P. 542/2013 page3of[4] CRL.M.A.14596/2013 (stay) in CRL.REV.P. 540/2013 CRL.M.A.14650/2013 (stay) in CRL.REV.P. 542/2013 In view ofabove order, no further orders are required on these two applications. The applications stand disposed of. Dasti.. VEENABIRBAL,J OCTOBER 03,2013 srb/kks '^1 1^1U CRL.REV.P. 540/2013 & CRL.REV.P. 542/2013 Page 4 of[4]