ANUDEEP SINGH Vs. GEETANJALI SINGH

JUDGEMENT

(1.) Instant civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 12.05.2014 (Annexure P-5) passed by learned District Judge, Family Court, Gurgaon whereby an amount of Rs. 60,000/- per month has been granted as maintenance pendente lite from the date of application i.e. 16.05.2013, filed under Section 24 of the Hindu Marriage Act, 1955 (in short, 'the 1955 Act') by respondent and for setting aside the order dated 20.01.2015 (Annexure P-10) passed by learned District Judge, Family Court, Gurgaon whereby property bearing No.A-52/1 Chakkarpur, Gurgaon has been ordered to be auctioned in execution proceedings arising out of execution Petition No.119/DJ/FC/GGN dated 28.07.2014 filed by the respondent for executing the order dated 12.05.2014 (Annexure P-5).

(2.) I have heard learned counsel for the parties and perused the record. It is the case of the petitioner that the respondent has already filed a petition under Section 12 read with Sections 18 to 22 of the Protection of Women from Domestic Violence Act, 2005 (in short, 'the Domestic Violence Act, 2005') before learned Metropolitan Magistrate, Saket District Courts, New Delhi, who vide order dated 07.11.2013, awarded Rs. 20,000/- per month as maintenance, Rs. 15,000/- per month towards maintenance of the minor child and Rs. 15,000/- per month towards rent. The amount of maintenance awarded under the Domestic Violence Act, 2005 has not been adjusted. He has further contended that the petitioner has already made the payment of Rs. 9,35,000/- to respondent in the proceedings under the Domestic Violence Act and has also brought the demand draft No.184787 amounting to Rs. 1,50,000/- and in this manner, the petitioner has paid Rs. 10,80,000/- to the respondent. The amount of Rs. 1,50,000/- is the difference of the amount awarded under Section 24 of the 1955 Act.

(3.) Be that as it may, the fact remains that the petitioner has been ordered to make the payment of Rs. 60,000/- per month as maintenance in the application filed under Section 24 of the 1955 Act by learned District Judge, Family Court, Gurgaon and Rs. 50,000/- as maintenance for the respondent, minor and shelter to her in the petition filed under the provisions of the Domestic Violence Act, 2005. It is settled law that the respondent can claim maintenance which is on the higher side and maintenance on lower side is to be adjusted therein. The maintenance awarded under Section 24 of the 1955 Act is to be paid till proceedings are finalized under Section 13 (1) of the 1955 Act. The main petition under Section 13 (1) of the 1955 Act has already been withdrawn on 14.07.2014, therefore, the interim order dated 12.05.2014 whereby maintenance pendente lite has been granted, ends with withdrawal of petition. This Court is of the opinion that when maintenance is awarded under two different Acts, the Court is required to take into consideration all the facts including the right of the applicant-wife, minor children and shelter i.e. rent for having a roof over the head of the concerned party. In the present case, the petitioner has already paid Rs. 9,35,000/- in the proceedings under the Domestic Violence Act, 2005 before learned Metropolitan Magistrate, Saket District Courts, New Delhi and today learned counsel for the petitioner has made the payment of Rs. 1,50,000/- i.e. the difference of higher maintenance and lower maintenance amount w.e.f. 16.05.2013 to 14.07.2014, through demand draft to the respondent.