Manoj Kumar Ohri JUDGMENT
Manoj Kumar Ohri, J.
1. The present revision petition assails the order dated 25.04.2018 passed by Family Court in Complaint Case No. 71/2017.
2. Vide the aforesaid order passed in the petition filed under Section 125 Cr.P.C. on behalf of the petitioner/wife for grant of interim maintenance, the Family Court dismissed the same on account of the fact that the petitioner was capable of maintaining herself. It was also held that petitioner was getting maintenance of Rs. 10,000/- per month in an application under Section 24 HMA which was offered voluntarily by the respondent and that the petitioner cannot get maintenance in two different proceedings simultaneously for the same period.
3. I have heard learned counsel for the parties and have gone through the case records.
4. The Family Court while passing the order dated 25.04.2018 in an application under Section 24 HMA, noted that after mandatory deductions towards income tax and provident fund, the respondent's salary slip for the month of February, 2018 showed his net salary as Rs. 47,998/- per month.
5. The issue whether the petitioner/wife is to be denied the maintenance only on account of the fact that she was capable of earning came before this court in Arun Vats vs. Pallavi Sharma, reported as MANU/DE/4261/2019 wherein while relying on decision rendered in the case of Shalija v. Khobbana reported as MANU/SC/0537/2017 : (2018) 12 SCC 199, it was held that 'capable of earning' and 'actual earning' are two different requirements. Merely because the wife is capable of earning is not a sufficient reason to deny her the maintenance.
6. Coming to the second issue whether grant of maintenance under Section 24 HMA could be a reason to deny maintenance under Section 125 Cr.P.C., it is profitable to refer to various statutes which provide for maintenance to the aggrieved wife. The Legislature has provided for grant of maintenance to a wife under various statutes i.e., The Hindu Marriage Act, 1955 (HMA), Section 125 Cr.P.C., Section 20 of The Protection of Women from Domestic Violence Act, 2005 (DV Act) and Hindu Adoption and Maintenance Act, 1956.
7. Sections 20 and 26 of the DV Act reads as under:
20. Monetary reliefs.--
(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include but is not limited to--
(a) the loss of earnings;
(b) the medical expenses;
(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and
(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the........