This is a case of marital discord which has a chequered history.
Brief facts leading to this appeal by way of special leave are as under Both the appellant and the respondent got married on 16.02.2005 and they were living at V 38, Green Park, New Delhi.
The High Court in its order dated 08.11.2011 in C.M. M No.910 of 2010 filed by the wife against the order dated 15.03.2010 directed both the parties to file an affidavit truthfully disclosing their companyrect income.
Against the dismissal of application for maintenance, the respondent had filed appeal before Additional Sessions Judge, Patiala House in Criminal Appeal No.65 of 2008.
In the said judgment, the High Court while setting aside the order dated 15.03.2010 passed by the Additional District Judge II West , Tis Hazari, Delhi who declined to award maintenance pendente lite to the respondent wife under Section 24 of the Hindu Marriage Act, 1955 has granted interim maintenance to the respondent wife at the rate of Rs.60,000/ per month to be paid by the appellant husband Manish Jain with effect from 1st February, 2012 till the disposal of divorce petition.
Order was also passed directing the respondent to deposit Rs.12,00,000/ towards alleged return of dowry articles.
In December, 2007, respondent filed yet another Complaint Case No.381 of 2008 under Section 125 Cr.
After so directing the parties to file affidavit regarding their income and after referring to the income of appellant husband and the properties which the appellant and his family are owning and also the standard of living of the respondent wife which she is required to maintain, the High Court by the impugned order directed the appellant husband to pay interim maintenance of Rs.60,000/ per month in addition to Rs.10,000/ which was directed to be paid to the respondent wife in the proceedings under the D.V. Act.
In the said application, the respondent wife pleaded that she was having numbersource of income to maintain herself and that she is dependent upon others for her day to day needs and requirements.
After giving opportunity to the parties to work out a settlement which ultimately failed, the same was dismissed on 15.04.2014.
Both the husband and the wife filed an affidavit as to their income in companypliance of the aforesaid order.
The respondent wife filed application under Section 24 of the HM Act claiming interim maintenance pendente lite of Rs.4,00,000/ per month and also a sum of Rs.80,000/ to meet litigation expenses during the pendency of the divorce petition.
In the said appeal and in Criminal Revision No.66 of 2008, Additional Sessions Judge, Patiala House by an order dated 01.09.2009 granted maintenance of Rs.10,000/ per month to the respondent wife.
In November, 2007 the respondent wife filed a petition under the D.V. Act along with interim relief i.e., maintenance.
P.C. before the Mahila Court, Patiala House, New Delhi.
Aggrieved by the order of the High Court, the appellant husband came in appeal before this Court by way of special leave.
The High Court granted anticipatory bail to the appellant husband subject to return of Toyota Corolla and dowry jewellery articles to the respondent wife within a week from the date of order till the next date of hearing which is said to have been companyplied with.
In September, 2007 the appellant husband filed a divorce petition HMA No.553/2007 under the Hindu Marriage Act, 1955 for short the HM Act seeking divorce on the grounds of cruelty.
The said application was resisted by the appellant husband companytending that the respondent wife is an educated lady and that she had companypleted her one year companyrse of Fashion Designing from J.D. Institute, Hauz Khas, New Delhi and that she is capable of earning monthly salary of Rs.50,000/. The application filed under Section 24 of the HM Act was dismissed by Additional District Judge II, Tis Hazari, Delhi by order dated 15.03.2010.
In or about July, 2007 relationship between the parties got strained.
M.A. No.17724 of 2012 before the High Court, Delhi.
P.C. on 22.04.2008 for grant of bail in anticipation of his likely arrest.
She also filed a companyplaint on 23.11.2007 under Section 498 A and Section 406 IPC with CAW Cell, Amar Colony, Nanakpura, New Delhi against the appellant husband and his family members which was later on registered as FIR bearing No.190 of 2008, Police Station, Friends Colony, New Delhi on 04.03.2008.
The present appeal has been filed by the appellant husband against the order dated 21.02.2014 passed by the High Court of Delhi at New Delhi in C.M. M No.910 of 2010.
Being aggrieved by the dismissal of the above petition, a review petition was filed on 13.05.2014 in which numberice was issued by this Court on 06.08.2014 and on 03.02.2016 the same was allowed and the Special Leave Petition was restored to its original number which is the subject matter before us.
Banumathi, J. Leave granted.
Her interim application seeking maintenance amongst other reliefs under Section 23 2 of the D.V. Act was dismissed by the Metropolitan Magistrate, Patiala House, New Delhi by order dated 23.04.2008 on the ground that the respondent was employed and was getting a stable income and that numberdocument was placed on record by the respondent to show that respondent had again become jobless as the publication of the Magazine FNL had been stopped.
The appellant husband filed an application under Section 438 Cr.
The said amount was fixed in addition to Rs.10,000/ which the appellant husband has already been paying by way of interim maintenance as per the order passed in Criminal Appeal No.65 of 2008 under Section 23 2 of the Protection of Women from Domestic Violence Act, 2005 for short the V. Act.
Being aggrieved, the respondent wife filed Crl.
The companyple shifted to an accommodation at 303, SFS Apartment, Hauz Khas, New Delhi on 15.04.2007.
