Court No. - 44
Case :- FIRST APPEAL DEFECTIVE No. - 293 of 2021 Appellant :- Atul Singh Balig Respondent :- Smt. Sangeeta Balig Counsel for Appellant :- Manish Kumar Tiwari Counsel for Respondent :- Saurabh Sachan,Ashwani Kumar Sachan
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Krishan Pahal,J.
Both the appellant husband and the respondent wife are personally present in the Court.
The present appeal is directed against the order of dismissal of the divorce suit filed by the husband under Section 13 of the Hindu Marriage Act.
At the outset, we may note that the wife has been dragged in the present appeal at the instance of the husband and the appellant was initially working in the Indian Air Force.
We have raised a pointed query from the counsel for the respondent to appraise us as to whether the respondent wife is getting monthly maintenance to sustain herself. It was informed by the learned counsel for the appellant that the application under Section 125 Cr.P.C. had been moved by the wife in the year, 2002, to seek monthly maintenance. The said application was allowed in the year, 2003, while fixing an amount of Rs. 4,500/- towards monthly maintenance to the wife.
It is contended by the learned counsel for the respondent that the maintenance fixed by the concerned court, had been paid to the wife uptill the year, 2011. Placing the issue relating to non- payment of arrears of monthly maintenance from the year, 2002 (the date of moving of the application) till the year 2011, an application under Section 482 Cr.P.C. had been moved before this Court, which was decided in favour of the wife and it was directed therein that the maintenance fixed by the competent Court from the year, 2002 till 2011, shall be payable. However, the respondent wife is being paid Rs. 6,500/- only from the year, 2012 onwards, out of which Rs. 4,500/- is the monthly maintenance fixed by the Court and only Rs. 2,000/- is being paid as installment for the total maintenance payable to the wife from the year 2002 to 2011.
No explanation could be offered by the learned counsel for the appellant for non-payment of monthly maintenance to his wife when the appellant was working in Air Force from the date of the order, i.e. 2003 till 2011. No plausible explanation could be offered by learned counsel for the appellant for non-payment of the accumulated arrears of maintenance granted under Section 125 Cr.P.C. to the wife in one go. Only submission of the learned counsel for the appellant is that the appellant had taken voluntary retirement in the year, 2012, and since thereafter, he is not earning a single penny. The bald assertion of the learned counsel for the appellant to explain unemployment of the appellant cannot be accepted. As regards the voluntary retirement, we may note that it was taken by the appellant as per his own wish and willingness and he must have received benefits of his services in the Air Force. We may further note that while the appellant was in service, the wife was getting monthly maintenance by deduction directly from his salary of the husband after he had left the job, he has not paid the arrears till date.
Having noticed that the respondent has been dragged in the present proceedings, where the appellant has challenged the order of dismissal of divorce suit, we find it fit and proper to award monthly maintenance to wife in addition to the amount, which had been fixed in the proceedings under Section 125 Cr.P.C. both to sustain herself and also to bear the expenditures of the present proceedings. The said opinion has been drawn noticing the rate of inflation since the year, 2003 when monthly maintenance was fixed barely for Rs. 4,500/- per month for the wife, and also the fact that the husband has utterly failed to comply with the directions of the competent court.
We, therefore, provide that the appellant shall pay the entire arrears of maintenance fixed by the competent court under Section 125 Cr.P.C. by presenting a Bank Draft in the name of his wife on the next date fixed. We further provide that a sum of Rs. 5,000/- per month in addition to Rs. 4,500 (which the wife is getting under Section 125 Cr.P.C.) shall be paid to the respondent wife till the culmination of the present proceedings. The said monthly maintenance is payable from November, 2021 and shall be paid regularly month by month, by 10th of each month.
Let this matter be posted in the additional cause list on 15th December, 2021. On the next date fixed, the appellant shall produce the Bank Draft, as directed above, and also submit an affidavit of compliance of the above directions.
Order Date :- 27.10.2021 Shalini