Full Text
Judgmentreserved on: OP'November,2018
Judgmentdelivered on:OS''^ January,2019
PANKAJ CHAWLA Petitioner
DIVYA KAPOOR , ^ Petitipner
■yensMi^ ^ , t:I;^ " ;,,^ ■
PANKAJCKLAWLA . $>5^ Respondent
• ! •
Advocates who appeared in tnis casfei; S v For thePetitioner: Mr.R.D.Sin^l j^Svyi4p|?L.;R^ 146/2017
Mr. Osama Suhail/Ms;l^amana Suhail and Ms. Bharti Tyagi, AdvS r'"
For theRespondents : Mr. Osamk SuhMiip^s-^Samaj^^^^^^ and Ms. Bharti Tyagi, Advs.in|l|L^.M4^i(||y
Mr.R.D.SmKS^it^j^P^ 172/2017
JUDGMENT
1. These cross-petitions impugn order dated 19.01.2017, whereby, the Family Court has disposed of the interim maintenance application filed by the Wife-DivyaKapoor and directed the husband-Pankaj Chawla to pay CRL.REV.P. 146/2017& CRL.REV.P. 172/2017 Page / ofio- 2019:DHC:7767 a sum ofRs.24,000/- per month to the wife. CrLRev.P.146/2017 has been filed by the husband, inter alia, on the ground that the respondent is not entitled to any maintenance and Crl.Rev.P.172/2017 has been filed by the wife contending that the interim maintenance, assessed by the Trial Court, is on a lower side and way below the expenditure being incurred by the wife.
2. Parties married on 30.01.2013 according to Hindu rights and ceremonies. They separated on 10.04.2014. Subject application has been filed under Section 125 Criminal Prpeedtire Code, 1973;^j:CrT.C. for short) on 25.07.2014 by the wife claiiningfrnaihtenM^ the rate^ofRs.60,000/per month besides litigation expehses of'Rs0%GbO/-. It is cdnfehded that the wife has nosource ofincpthd^pfher'own^^^^^^ outthe daily expenses and day-to-day needs.. s:, /• ■. 1... V
3. The application has been6^pPsef.by|i^e husband,inter alia,on the ground that the wife is highpsiqi^^ is no justification for ^f.ij' granting maintenance to her.rTt'ls4boMcna^c45Bat she has a Post Graduate Diploma in Business Administrati&iimdlM&fhe capacity and capability to maintain herself to earn her livelihood and is deliberately, willfully, knowingly and intentionally!littinig;;idle andhas|9Pt made any honest and sincere attemptto applyfor anyjob.
4. It is further contended thatthe husband is already paying ad-interim maintenance at the rate of Rs.12,000/- and the wife has failed to show actual or real expenditure and,as such,there is nojustification for granting her maintenance over and above the said amount. CRL.REVP.146/2017&CRL.REV.P.172/2017 Page2ofio ■I t
5. The Trial Court, by the irnpugried order, has found thatprimafacie the affidavit of income, assets and expenditure, filed by the parties, show that the husband is a man of means and has sufficient source of income to maintain his wife and, accordingly, assessed the interim maintenance at Rs.24,000/-.
6. Learned counsel for the husband, during arguments, has relied on a report of CIBIL pertaining to the wife, wherein, CIBIL has reported that the annual income of the wife Ts; Rs.9,58;320/^ The report of GIBE, is disputed by the learned counsel appemilg for the inter alia, on the ground that the-report does riottdiseiosd on:what basisit is reported that the wife is earning and;,ha^yariiriripi^llih as specified^.therein. Further, it is contended that isincp the,}husl3and works in a Bank, he has manipulated the report and further that an individualhas no control or is not privy to the documents, based on ^hich, such areport is created. Analysis andReasoning
7. Perusal of the recor(i'^^9j^^|^at!\the'^iiusband has not placed any document to^show that the wife is presently employed or working and is having any income. The ^report pf CIBIL per cannot be relied on to esta,blish employment or soufce'^ofifficom^' ^ does not disclose any basis on -which income has been reported by CIBIL. There is no reference to any foundational document based on which income has been stated in the report of CIBIL. Apart from the report of CIBIL, the husband has not been able to establish that the wife is employed or has any source of income. CRL.REV.P. I46/20J7&CRL.REVP. 172/2017. pageSofio 1?
8. Admittedly,the husband is.employed as Vice President in Barclays Bank. Records ofthe husband pertaining to his employment with Barclays Bank has been placed on record. As per the records the husband's annual salary, effective from 01.03.2017, is Rs.38 lakhs, which is inclusive to Flexible Benefit Plan. The gross monthly salary reported is 2,24,000/-. After deduction of statutory taxes etc., the net income is reported to be Rs.1,78,700/-.
9. Documents of Barciays.Bank''farther slio^''that the husband is entitled to House Rent AllowancQrr6f;?]^.7,60,000/- per^annum. The Flexible Benefitj^^Tlan compfis^^^^^^^^ 'i.e,,i"Telephone Reimbursement, Leave Travel.^ Allowance, VMedical Reimbursement, -. ^ r « ^ Special Allowance, Lunch 'Allo;^ance, fcoriveyance Allowhhde, Car Allowance,Driver Allowance,"TuM^R^imbursement,etc. „;? 'ffin fair •.? yi l'.; 1[1; ^|.f ^i-k!ii
10. As per the income expenditure affidaYit filed by the husband,it is admitted, that the ooio^,4'i soughtto be shown been soughtto be claimed byli'^huslan&^inJihcom affidavit, are included in the Flexible Benefit Plan, i.e., allowances payable to the husband which take his ^pss^-sa&p-ptow^f^^^^^ Primafacie, such expenditure would not be admissible as a deduction since the same are beingreimbursed bythe office wherethe husband is employed.
11. The purpose ofmaintenance is to ensure thatthe wife,who does not have any independent source ofincome and is not in a position to maintain herself, is entitled to subsist and maintain a livelihood similar to the one CRL.REV.P. 146/2017&CRL.REVP.172/2017 Page v ofio that she was maintaining at the time when she was living with her husband in her matrimonial house.
12. Wife has claimed thatshe has a monthly expenditure ofRs.98,000/-. This is disputed by the htisband contending that the same is on a much higher side and has been inflated. One method to ascertain whether the expenditure claimed by the wife is reasonable or not, is to compare the same with the expenditure claimed by the husband.
13. Ifone were to do a comparative analysis ofthe expenditure,claimed bythe husband and wife,thefoUowing emdrges;- Sr. No Description; 1 Amomfclaimed,' by the wife Amdunt/claimed by the husband
1. Household Expenditure Groceries/Food/ V/; -V ? -V Personal Care/Glothin^.......Rs.20,000/- Ps.22,000/- Water i.; V/. £ Rs.200/- Rs.400/- Electricity; F.i,;: ' / Rs.3,500/~ Rs.3,000/- Gas i: i 5 Rs.600/r¥ Included in Household Expense above Telephone.^0^Ps.l,OOOA Rs.1,000/- TVCable/Set-top Box charges&Internet services, replacement " ' -' ' J andrepairofhousehold items, appliancesand kitchenware items. Rs400/-TV 1000/-(general p^kage of cffbrpddband services Rs.500/- Included in Household Telephone Rs.2,000/- Domesticfulltime/part time Rs.1000/- Included in Household
2. Transport (i) Car/Scooter Rs.3000/- Car(Swift) (a) Driver(s) Rs.8000/- CRL.REV.P. 146/2017&CRL.REV.P.172/2017 Page5of10 t[1] (b) Fuel Rs.8500/-
(c) Repair/Maintena nee
(d) Insurance Rs.650/-
(ii) Public
(c) Metro Rs.800/- Yes
(d) Auto Rs.1500/- Yes
3. Medical Doctor Rs.500 on an averagefor anygeneral \illness Rs.1000/- Medicatidri f ^ -V'--.'-. " ':-V *.1. ' Rs500/- (for'dny'-general i'illhess) ''. Rs.2000/- Hospiiatizaiiori \ V ' fHMlihlinsurance Acoverwould be requiredof RslSOOO/-per ov, 'iS ^ ^ tannum to meet.'v ■?<? Jahy'exigency Expenditure^, t =:• - '.V '-a RsSOO/pfysibpierapy >P>efisefsionnot -goingbecause of money crunch. Other (Specify) Rs2000{m^Lgnsef^and Sdluiibnper month
4. Insurance LIFE Life in the name ofthe complainant taken by the Respondent. Same is in possession ofthe Respondent. Yes Rs.529/- Annuity N/A Rs.1096 (TzrmInsurance) Rs.2000 CRL.REV.P. 146/2017 &CRL.REV.P. 172/2017 6of10 9X>
5.
6. Entertainme ntand recreation Holiday and Vacation Gifts Householders Club HealthClub I, GYM N/A Wasa member of "CPrivileges", (it's aHoliday and Entertainment club atJanak Puri)with husband (Respondent), cannotuse it, as detailandaccess is with, Respohdeiit. Rs3100 per month,to CelebrityFitness Pyiorto i separation was ipaid!by the 'Respondent fPresentlydue to financialcrunch, '•deponentis unable to carry on the same. No. [.Hpltdc^/Vacation fpftgr/^separation. Went to International: Singa^0es> & Rif^^Whional: Vdshno devi,Amritsar,Jai pur. All trips were with husband (Respondent) in 3-5 Star category hotels before separation. Allthe gifts are in thepossession ofhusbandand (ULIPPlan) Nil Rs. 2000/- (Average monthly expense on trip to VAISHNODEVI, beingadevotee) Rs.2,000/- CRL.REVP. 146/2017&CRL.REV.P.172/2017 Page 7of10 inlaws.
8. Pocket Money/ allowance Rs.2,000/- Rs.5,000/-
9. Legal/ Litigation Expenses Asraisedfrom time to time. Rs.5,000/per month
10. Discharge of Liabilities CreditCard(S)Payment Hire Purchase/Lease i. RepaymentOFLoan a. House Loan ■Rs.68,880/b. Car Loan Rs.6,000/- (forFather's ■Car) %PersonalLoan;; J:; '\INR, 22,371EMI "^startingfrom 04.06.15) d. BusinessLoan 1 e. Any other loan i r-;Rs.l[4].400/a. Name ofthe lender i }:z'' 1 ' * e HDFCBdhk, Credit CardLoan Hi. Mode ofrepayment ^... I,:, ■-■'l.rj- 1" 4 Asper Credit CardStatement. /v. Instalment amclunt, t !S I s[4] As above.
V. Otherpersomlff " liabilities \ ' ^ flavetpreturnat 'ledM[2])5Lakh to *mpfB^pther in.''lawi&^sister and ^Rs/&b0to friendfor old laptop. Rs. 12000/-Paid asMaintenance to the Petitioner.
11. Miscellanea us Newspaper, magazinef^ddk^ff,,,^ i^Rs.400/- Religious ConiriSutioh-4 /Charities ' Rs.500/- Rs. 2000/- to Mata Vaishno Deviasper MANNAT Other (specify)
12. OtherExpenditure Not specifiedabove Rs.5000/under various heads. Rs. 5000/- (Includes:Bank Charges, Festival Expense,Rent and other Personal Expenses Tota Give MonthlyExpenditure Rs.98,000/- Approx Rs. 1,98,600/- CRL.REV.P. 146/2017 &CRL.REV.P. 172/2017 Page 8 of10
14. The expenditure claimed by the wife is far less than the expenditure which has been claimed under the corresponding heads by the husband. A comparative analysis of the expenditure items shown by the husband clearly establishes that the expenditure claimed by the wife is not on a higher side.
15. Though the expenditure claimed by the wife is about Rs.98,000/-, however,keeping in view of;the income ofthe husfc^d,I am ofthe view that the Trial Court should have fiked ad-interim maintenance at least at 1/3*^^ oftheincome ofthe husSahd..v
16. Keeping in view oftheNtdtality-pfTac^^^^^ circumstance^,I.am of the view thatthe assessment m the imp.u^^ed order ofinterim maintenance of Rs. 24,000/- is on a lower(Iside, the wife is entitled to interim -p 'i h;,:h; A'i /•; maintenance, pending final adjudicatiohiipfiher application under Section 125 Cr.P.C.,atRs.50,000/-permoi^Ji?: ■^k'Yyl 1 '-j.
17. In view of the above findmgs,;i..findflsrho merit in the petition filed by the husband. However, the petition filed by the wife is liable to be allowedandthe wifeis, accordingly,heldentitle^Mp interimmaintenance at therateofRs.50,000/-permohifi'mstdaddl=]^.Sf,000/-.
18. This amount of Rs. 50,000/-, as interim maintenance, shall be paid by the husband from the date of the impugned order, i.e., 19.01.2017. This would be in addition to the amount of Rs. 24,000/- directed to be paid by the impugned order from the date of the filing of the interim maintenance application till 19.01.2017. The husband shall clear the arrears of maintenance within aperiod of 4 months from today. CRL.REV.P. 146/2017&CRL.REVP. 172/2017. Page 9oflo
19. It is clarified that this Court has taken a primafacie view of the documents and the contentions ofthe parties and the Trial Court would be free to determine maintenance and the period from which it would be payable based on the evidence led by the parties without being influenced by anything stated herein. The amountpaid by the husbandimder orders of this Court would be subject to adjustment, on filial adjudication of maintenance bythe Trial Court. O' D
20. The petitions are,accordingly,disposed ofm thfe aboveterms.
21. Order undersignatoes.ofCpUitMaster. o> UEEV SACHDEVA,J JANUARY08,2019 st •a J' Ji /sv' - „'i. •' i- -j -I -!■ CRL.REV.P. 146/2017 &CRL.REV.P. 172/2017 Page 10 of10