TAYEEB Vs. KAUHHAR AND ORS.

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as the "Cr.P.C.") has been filed by the petitioner for setting aside the order/judgment dated 02.08.2014, passed by the learned Principal Judge, Family Courts, South, Saket Courts, New Delhi and for stay of the proceedings of the Execution Petition No. 27/15, pending in the Court of learned Principal judge, Saket Courts, New Delhi. Vide judgment dated 02.08.2014, the respondents -herein have been awarded maintenance of Rs. 10,000/ - per month i.e. Rs. 5,000/ - per month each from the date of filing of the petition and directed the petitioner -herein to pay the same on or before the 10th day of each month. He is also directed to clear the arrears within six months.

(2.) Factual matrix, emerges from the record, is that the respondent no. 1 -wife, namely, Smt. Kaushar and her minor daughter Ms.Ziya/ respondent No. 2 -herein filed a petition under Sec. 125 Cr.P.C. claiming the maintenance @ Rs. 25,000/ - per month. It was averred in the petition that the marriage between the petitioner and respondent no. 1 -wife was solemnized on 25.02.1996 according to Muslim rites and customs. In the marriage, the parents of the respondent no. 1 -wife spent more than Rs. 6,00,000/ -. After marriage, the respondent no. 1 - wife was taken to her matrimonial home at Meerut and she stayed there for only three days and thereafter she came back to her parental home in Delhi. It was agreed between the parties that the respondent no. 1 -wife would not go again to her matrimonial house till next three years as she was only 14 years old. After expiry of the said three years, the petitioner -husband along with his family members took the respondent no. 1 -wife to her matrimonial home. It was alleged that the petitioner -husband and his parents demanded more cash and dowry from the respondent no. 1 -wife and her parents. In the year 1999, due to certain heart problem, the father of the respondent no. 1 -wife sold his house for a consideration of Rs. 15,00,000/ -. On coming to know about this, the petitioner -husband started demanding Rs. 2,00,000/ - from the father of respondent no. 1 for starting a new business. Thereafter, the respondent no. 1 -wife was tortured and harassed. Father of the respondent no. 1 -wife expired on 08.10.2006 and after that the respondent no. 1 -wife gave birth to a male child who died immediately after birth. In the year 2008, the respondent -wife gave birth to a girl child/respondent no. 2 -herein due to which the respondent -wife was given beatings and she had to reside at her parental house for about 9 -10 months. When she came back to her matrimonial house, she came to know that the petitioner -husband eloped with some other girl and he returned back home after a month along with his second wife. The respondents -herein were thrown out of the matrimonial house and thereafter, the respondents -herein started residing in Delhi on rental basis.

(3.) The petitioner -husband filed the written statement and denied the averments made in the petition. The learned Principal Judge vide judgment dated 02.08.2014, allowed the petition and directed the petitioner -husband to pay the maintenance @ Rs. 5,000/ - per month each to the respondents -herein. Thereafter, the respondents -herein preferred the execution petition for execution of judgment dated 02.08.2014.