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Judgment
@Judgmenttag-Judgment
Sanjeev Sachdeva, J
Crl.Rev.P. 146/2017 & Crl.Rev.P. 172/2017
These Cross-Petitions Impugn Order Dated 19.01.2017, Whereby, The Family Court Has Disposed Of The Interim Maintenance Application Filed By The Wife - Divya Kapoor And Directed The Husband - Pankaj Chawla To Pay A Sum Of Rs.24,000/- Per Month To The Wife. Crl.Rev.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.
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 Procedure Code, 1973 (Cr.P.C. For Short) On 25.07.2014 By The Wife Claiming Maintenance At The Rate Of Rs.60,000/-Per Month Besides Litigation Expenses Of Rs.44,000/-. It Is Contended That The Wife Has No Source Of Income Of Her Own To Meet Out The Daily Expenses And Day-To-Day Needs.
The Application Has Been Opposed By The Husband, Inter Alia, On The Ground That The Wife Is Highly Qualified And There Is No Justification For Granting Maintenance To Her. It Is Contended That She Has A Post Graduate Diploma In Business Administration And Has The Capacity And Capability To Maintain Herself To Earn Her Livelihood And Is Deliberately, Willfully, Knowingly And Intentionally Sitting Idle And Has Not Made Any Honest And Sincere Attempt To Apply For Any Job.
It Is Further Contended That The 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 No Justification For Granting Her Maintenance Over And Above The Said Amount.
The Trial Court, By The Impugned Order, Has Found That Prima Facie 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/-.
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 Is Rs.9,58,320/-. The Report Of Cibil Is Disputed By The Learned Counsel Appearing For The Wife, Inter Alia, On The Ground That The Report Does Not Disclose As To On What Basis It Is Reported That The Wife Is Earning And Has An Annual Income As Specified Therein. Further, It Is Contended That Since The Husband Works In A Bank, He Has Manipulated The Report And Further That An Individual Has No Control Or Is Not Privy To The Documents, Based On Which, Such A Report Is Created.
Analysis And Reasoning
Perusal Of The Record Shows That The Husband Has Not Placed Any Document To Show That The Wife Is Presently Employed Or Working And Is Having Any Income. The Report Of Cibil Per Se Cannot Be Relied On To Establish Employment Or Source Of Income. The Report 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.
Admittedly, The Husband Is Employed As Vice President In Barclays Bank. Records Of The 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/-.
Documents Of Barclays Bank Further Show That The Husband Is Entitled To House Rent Allowance Of Rs.7,60,000/- Per Annum. The Flexible Benefit Plan Comprises Of Several Allowances, I.E., Telephone Reimbursement, Leave Travel Allowance, Medical Reimbursement, Special Allowance, Lunch Allowance, Conveyance Allowance, Car Allowance, Driver Allowance, Fuel Reimbursement, Etc.
As Per The Income Expenditure Affidavit Filed By The Husband, It Is Admitted, That The Net Salary Received Is About Rs.1,80,000/-. Expenditure Sought To Be Shown Is Rs.1,98,000/-. Some Of The Expenditures, Which Have Been Sought To Be Claimed By The Husband In Income Expenditure Affidavit, Are Included In The Flexible Benefit Plan, I.E., Allowances Payable To The Husband Which Take His Gross Salary To Rs.38 Lakhs. Prima Facie, Such Expenditure Would Not Be Admissible As A Deduction Since The Same Are Being Reimbursed By The Office Where The Husband Is Employed.
The Purpose Of Maintenance Is To Ensure That The Wife, Who Does Not Have Any Independent Source Of Income And Is Not In A Position To Maintain Herself, Is Entitled To Subsist And Maintain A Livelihood Similar To The One That She Was Maintaining At The Time When She Was Living With Her Husband In Her Matrimonial House.
Wife Has Claimed That She Has A Monthly Expenditure Of Rs. 98,000/-. This Is Disputed By The Husband 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.
If One Were To Do A Comparative Analysis Of The Expenditure, Claimed By The Husband And Wife, The Following Emerges:-
Sr.
Description
Amount claimed
Amount claimed
No
by the wife
by the husband
1.
Household
Groceries/Food/
Rs.20,000/-
Rs.22,000/-
Expenditure
Personal Care/ Clothing
Water
Rs.200/-
Rs.400/-
Electricity
Rs.3,500/-
Rs.3,000/-
Gas
Rs.600/-
Included in
Household
Expense above
Telephone
Rs.1,000/-
Rs.1,000/-
TV Cable/ Set-top Box
Rs 400/- TV
Rs.500/-
charges & Internet
1000/- (general
services
package of
Maintenance,
broadband
replacement
services
and repair of household
Included in
items, appliances and
Household
kitchenware items.
Expense above
Telephone
Rs.2,000/-
Domestic full time/ part
Rs.1000/-
Included in
time
Household
Expense above
2.
Transport
(i)
Car/Scooter
Rs.3000/-
Car (Swift)
(a)
Driver(s)
Rs.8000/-
(b)
Fuel
Rs.8500/-
(c)
Repair/Maintena
Rs.3,000/-
nce
(d)
Insurance
Rs.650/-
(e)
Loan Payment
(ii)
Public
As per
Transport
requirement.
(a) Bus
Yes
(b)
Taxi
Rs.1500/-
Yes
(c)
Metro
Rs.800/-
Yes
(d) Auto
Rs.1500/-
Yes
3.
Medical
Doctor
Rs.500
Rs.1000/-
Expenditure
on an average for
any general
illness
Medication
Rs 500/-
Rs.2000/-
for any general
illness
Hospitalization
Health insurance
cover would be
required of
Rs15000/- per
annum to meet
any exigency
Other Medical
Rs 500/-
Expenditure
For
physiotherapy
per session not
going because of
money crunch.
Other (Specify)
Rs 2000/-
on Lenses and
solution per
month
4.
Insurance
LIFE
Life in the name
Yes
of the
Rs.529/-
complainant
taken by the
Respondent.
Same is in
possession of the
Respondent.
Annuity
N/A
Rs.1096
(Term Insurance)
Rs.2000
(ULIP Plan)
Householders
N/A
Nil
5.
Entertainme
Club
Was a member of
Nil
nt and
"C Privileges",
recreation
(it's a Holiday
and
Entertainment
club at Janak
Puri) with
husband
(Respondent),
cannot use it, as
detail and access
is with
Respondent.
Health Club
Rs 3100
Nil
per month, to
Celebrity Fitness
Prior to
separation was
paid by the
Respondent
Presently due to
financial crunch,
deponent is
unable to carry
on the same.
GYM
No.
Nil
6.
Holiday and
No
Rs. 2000/-
Vacation
Holiday/Vacation
(Average monthly
after
separation.
expense on trip to
Went
to
VAISHNO DEVI,
International:
being a devotee)
Singapore
&
Bintan
National:
Vashno
devi,Amritsar,Jai
pur,
All
trips
were
with
husband
(Respondent)
in
3-5 Star category
hotels
before
separation.
7.
Gifts
All the gifts are
Rs.2,000/-
in the possession
of husband and
inlaws.
8.
Rs.2,000/-
Rs.5,000/-
Money/
allowance
9.
Legal/
As raised from
Rs.5,000/-
Litigation
time to time.
per month
Expenses
10.
Discharge of
Credit Card(S) Payment
Liabilities
Hire Purchase/ Lease
i. Repayment OF Loan
a. House Loan
Rs.68,880/-
b. Car Loan
Rs.6,000/-
(for Father's
Car)
c. Personal Loan
INR. 22,371 EMI
starting from
04.06.15)
d. Business Loan
e. Any other loan
Rs.14,400/-
ii. Name of the lender
HDFC Bank,
Credit Card Loan
iii. Mode of repayment
As per Credit
Card Statement.
iv. Instalment amount
As above.
V. Other personal
Have to return at
Rs. 12000/- Paid
liabilities
least 2.5 Lakh to
as Maintenance
my Brother in
to the
law & sister and
Petitioner.
Rs 15,000 to
friend for old
laptop.
11.
Miscellaneo
Newspaper,
Rs.400/-
us
magazines, book
Religious Contribution
Rs.500/-
Rs. 2000/- to
/Charities
Mata Vaishno
Devi as per
MANNAT
Other (specify)
12.
Other Expenditure
Rs.5000/ under
Rs. 5000/-
Not specified above
various heads.
(Includes: Bank
Charges, Festival
Expense,Rent and
other Personal
Expenses
Total Expenditure
Rs.98,000/-
Rs. 1,98,600/-
Give Monthly Expenditure
Approx
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.
Though The Expenditure Claimed By The Wife Is About Rs.98,000/-, However, Keeping In View Of The Income Of The Husband, I Am Of The View That The Trial Court Should Have Fixed Ad-Interim Maintenance At Least At 1/3rd Of The Income Of The Husband.
Keeping In View Of The Totality Of Facts And Circumstances, I Am Of The View That The Assessment In The Impugned Order Of Interim Maintenance Of Rs. 24,000/- Is On A Lower Side, The Wife Is Entitled To Interim Maintenance, Pending Final Adjudication Of Her Application Under Section 125 Cr.P.C., At Rs.50,000/- Per Month.
In View Of The Above Findings, I Find Is No Merit In The Petition Filed By The Husband. However, The Petition Filed By The Wife Is Liable To Be Allowed And The Wife Is, Accordingly, Held Entitled To Interim Maintenance At The Rate Of Rs.50,000/- Per Month Instead Of Rs.24,000/-.
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 A Period Of 4 Months From Today.
It Is Clarified That This Court Has Taken A Prima Facie View Of The Documents And The Contentions Of The 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 Amount Paid By The Husband Under Orders Of This Court Would Be Subject To Adjustment, On Final Adjudication Of Maintenance By The Trial Court.
The Petitions Are, Accordingly, Disposed Of In The Above Terms.
Order Dasti Under Signatures Of Court Master.