MANU/SC/0833/2020

True Court CopyTM English

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 730 of 2020 (Arising out of SLP (Crl.) No. 9503 of 2018)

Decided On: 04.11.2020

Appellants: Rajnesh Vs. Respondent: Neha and Ors.

Hon'ble Judges/Coram:
Indu Malhotra and R. Subhash Reddy

JUDGMENT

Indu Malhotra, J.

INDEX

 

PART A

Order passed in Criminal Appeal No. 730 of 2020

 

PART B

General Guidelines and Directions

 

I.

Issue of Overlapping Jurisdictions

 

II.

Payment of interim maintenance

 

III.

Criteria for determining quantum of maintenance

 

IV.

Date from which Maintenance to be awarded

 

V.

Enforcement of orders of maintenance

 

VI.

Final Directions

 

PART A

1. Leave granted.

(i) The present Criminal Appeal arises out of an application for Interim Maintenance filed in a petition Under Section 125 Code of Criminal Procedure by the Respondent-wife and minor son. The Respondent No. 1-wife left the matrimonial home in January 2013, shortly after the birth of the son-Respondent No. 2. On 02.09.2013, the wife filed an application for interim maintenance Under Section 125 Code of Criminal Procedure on behalf of herself and the minor son. The Family Court vide a detailed Order dated 24.08.2015 awarded interim maintenance of Rs. 15,000 per month to the Respondent No. 1-wife from 01.09.2013; and Rs. 5,000 per month as interim maintenance for the Respondent No. 2-son from 01.09.2013 to 31.08.2015; and @ Rs. 10,000 per month from 01.09.2015 onwards till further orders were passed in the main petition.

(ii) The Appellant-husband challenged the Order of the Family Court vide Criminal Writ Petition No. 875/2015 filed before the Bombay High Court, Nagpur Bench. The High Court dismissed the Writ Petition vide Order dated 14.08.2018, and affirmed the Judgment passed by the Family Court.

(iii) The present appeal has been filed to impugn the Order dated 14.08.2018. This Court issued notice to the wife and directed the Appellant-husband to file his Income Tax Returns and Assessment Orders for the period from 2005-2006 till date. He was also directed to place a photocopy of his passport on record. By a further Order dated 11.09.2019, the Appellant-husband was directed to make payment of the arrears of Rs. 2,00,000 towards interim maintenance to the wife; and a further amount of Rs. 3,00,000, which was due and payable to the wife towards arrears of maintenance, as per his own........