SANJEEV KUMAR SHARMA Vs. ANITA SHARMA

JUDGEMENT

(1.) The petitioner-husband has filed the present revision petition against the judgment/order dated 09.06.2014 passed by learned Additional Sessions Judge-cum-Judge Special Court, Chandigarh whereby the trial court has directed the petitioner to pay a sum of Rs.6,000/- per month as maintenance from the date of order dated 09.06.2014. The trial court has further directed the petitioner to arrange two bed room accommodation for the respondent-wife on rent or give an amount equal to rental accommodation. However, on their respective appeals filed by both the parties against the order dated 09.06.2014; the appeal filed by the respondent-wife, Anita Sharma was allowed and the order dated 09.06.2014 was modified to the extent, directing the petitioner to pay a sum of Rs.6000/- per month as maintenance to the respondent from the date of filing of the application i.e. 29.01.2008, whereas in the appeal filed by the petitioner-husband against the order dated 09.06.2014, the order of the trial court was also modified to the extent that maintenance granted under Section 125 Cr.P.C. is not to be set off qua the son.

(2.) Briefly stated, Anita Sharma-respondent-wife (hereunder referred to as 'respondent'), has filed application under Sections 12, 17, 18, 19, 20, 22, 23 of Protection of Women From Domestic Violence Act, 2005 (hereinafter referred to as the 'Act') against the petitionerhusband. Marriage was solemnized on 28.06.1993 and a male child was born out of the wedlock on 30.06.1994. After marriage, the parties resided together at H.No.305, Sector 46-A, Chandigarh. The sisters of petitioner harassed the respondent. The respondent was employed at Punjab Wireless, Mohali, but it was wound up under the Company Act and she got more than Rs.60,000/- as PF. Out of this amount, the petitioner purchased the vehicle van. The petitioner was allotted govt. accommodation bearing House No.580, Sector 22-A, Chandigarh and the respondent was compelled to shift in this quarter from 1998 onwards. The said accommodation was got cancelled on 28.12.2007. However, in the month of December, 2007, the respondent was made to believe that she would be shifted to House No.305, Sector 46-A, Chandigarh, but she was told to live in the house of the respondent's mother at House No.1849, Randhawa Road, Kharar. The respondent requested the petitioner to settle her in their house but the petitioner flatly refused to do so. Accordingly, a complaint under the said Act was filed.

(3.) The petitioner has filed reply to the said application wherein the petitioner alleged that the respondent has not approached the court with clean hands. After the marriage, the parties cohabited together as husband and wife at House No.305, Sector 46-A, Chandigarh. The petitioner has made certain allegations about the character of the respondent. The petitioner has filed a divorce petition on 03.04.1995 against the respondent and on filing of this petition, the respondent lodged a false FIR No.125, dated 06.07.1995 under Sections 498A/406 IPC against the petitioner. The said criminal case was compromised and the parties started residing together at House No.2121-A, Sector 24-C, Chandigarh. Again differences arose between the parties. The trial Court decided the complaint filed under the Domestic Act, and observed that the petitioner has failed to maintain the respondent despite having sufficient means. Petitioner has neglected the respondent and refused to maintain her. The trial court in its judgment dated 09.06.2014 has concluded as under:-