High Court of Delhi

Sourav Sharma Vs. Neetu Sharma

MANU/DE/1652/2019

14.05.2019

Criminal

Appeal or revision cannot be dismissed solely on ground of failure to pre deposit maintenance amount

Petitioner impugns order whereby the Appellate Court has dismissed the appeal of the Petitioner on the ground that, Petitioner has failed to deposit the entire arrears of maintenance despite several opportunities. Appellant has filed an appeal impugning order, whereby Trial Court had directed the Petitioner to pay monthly maintenance of Rs. 35,000 per month. Petitioner failed to pay the said amount and coercive steps were sought to be taken by the Trial Court. Impugning the said order, Petitioner filed an appeal before the Appellate Court which was dismissed by the impugned order.

As per the judgment of the Division Bench in Sabina Sahdev, in case the amount as directed by the Revisional/Appellate Court is not deposited, a revision under Section 399 read with Section 401 CrPC and an appeal under Section 29 of the DV Act against the order granting maintenance under Section 125 CrPC and Section 23 of the DV Act respectively, would be maintainable and would be entertained and heard without any pre-condition of deposit of the arrears of maintenance as ordered by the MM.

The Division Bench held that, mere pendency of the revision or an appeal, as the case may be, shall not operate as stay of the operation of the order granting interim maintenance. The Division Bench has held that, appeal or revision cannot be dismissed solely on the ground of failure to pre deposit the maintenance amount and the same would have been decided on merits.

The Appellate Court by the impugned order has dismissed the appeal solely on the ground of failure to pre deposit the maintenance amount which is contrary to the law as laid down in Sabina Sahdev. Impugned order is not sustainable and is accordingly set aside. Petition is allowed.

Tags : Maintenance Pre-deposit Arrears

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