ANJU GARG & ANR. VERSUS DEEPAK KUMAR GARG

ANJU GARG & ANR.  VERSUS DEEPAK KUMAR GARG

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

REPORTABLE

 IN THE SUPREME COURT OF INDIA

 CRIMINAL APPELLATE JURISDICTION

 CRIMINAL APPEAL NO. 1693 OF 2022

[Arising out of SLP(Crl.) NO. 10353 OF 2018]

ANJU GARG & ANR. APPELLANT(S)

VERSUS

DEEPAK KUMAR GARG RESPONDENT

 J U D G M E N T

BELA M. TRIVEDI, J.

1) Leave granted.

2) The appellants herein are the wife and the son of the respondent. The

present appeal is directed against the judgment and order dated 10th

September 2018 passed by the High Court of Punjab and Haryana at

Chandigarh in Criminal Revision No. 05/2017, whereby the High Court has

dismissed the Revision application filed by the appellants, challenging the

order passed by the District Judge, Family Court-1, Faridabad, Haryana

(hereinafter referred to as the “Family Court”). The Family Court vide order

dated 09.12.2016 had dismissed the Maintenance Petition filed by the

appellants under Section 125 of Cr.P.C., qua the appellant no. 1 -wife

1

(original applicant no. 1) and her daughter Ms. Megha Garg (original

applicant no. 2), and had allowed the application qua the son-appellant no. 2

(original applicant no.3) granting him maintenance allowance of Rs. 6,000/-

per month from the date of filing of application till he attained the age of 18

years.

3) The short facts giving rise to the present Appeal are that the appellant no.1

and the respondent had married on 07.12.1991 as per the Hindu rites and out

of the said wedlock, two children i.e., daughter Megha Garg and son Rachit

Garg were born on 10.10.1992 and 11.04.1999 respectively. The appellants

(original applicants) filed the Maintenance Petition under Section 125 of

Cr.P.C. seeking maintenance from the respondent alleging inter-alia that the

respondent was subjecting the appellant-wife to utmost cruelty and physical

and mental torture. As a result thereof, she had to leave her matrimonial

home along with children time and again. Allegations were also made

against the respondent that he was demanding Rs. One crore as dowry from

the father of the appellant no. 1. Though, her father had given him Rs.

2,00,000/- in 2005, and had also made payment of Rs. 4,50,000/- to one

Rajdip Soan Industries, on behalf of the respondent to pay off the loan, the

respondent had continued to harass the appellant. Ultimately, the appellant

along with her children left the matrimonial home in 2010 and started

residing in a rental premises. According to the appellants-applicants, the

respondent had failed and neglected to maintain them, and they being unable

2

to maintain themselves, the Maintenance Petition under section 125 of

Cr.P.C. was filed.

4) The said petition was contested by the respondent by filing a reply. The

respondent while not denying the marriage with the appellant no.1, had

denied the allegations with regard to the demand of dowry and harassment.

He also denied that he had failed and neglected to maintain the appellants.

According to him, the appellant had left her matrimonial home along with

children without any reason. The respondent while admitting that daughter

Megha was born out of his wedlock with the appellant, had alleged that the

appellant no. 2 Master Rachit was not his biological son.

5) The Family Court vide the order dated 15.07.2014 had granted Interim

Maintenance Allowance of Rs. 40,000/- per month in favour of the

appellants, however, the daughter Megha having attained majority, no

interim maintenance was granted to her. It appears that the respondent had

filed an application in the Family Court praying for the DNA test to

substantiate his allegation that the son Rachit was not his biological son,

however his application was dismissed by the Family Court vide order dated

19.02.2014. It further appears that despite issuance of conditional warrants

of arrest against the respondent by the Family Court, he had failed to appear

in the Court and to make payment of interim maintenance, and therefore his

defence was also struck off vide the order dated 16.07.2015. The respondent

had challenged all the three orders passed by the Family Court, by filing

3

Revision Applications before the High Court, however, in none of the said

proceedings, the High Court had granted any stay of the proceedings of the

Family Court. The appellant-wife, therefore, in support of her petition

examined herself along with other 04 witnesses and adduced documentary

evidence, The Family Court after appreciating the said evidence passed the

order rejecting the application of appellant no.1 and her daughter, and

granting maintenance allowance of Rs. 6,000/- per month to the appellant

no.2 (original applicant no.3). As stated earlier, being aggrieved by the same,

the appellants had preferred the revision application before the High Court,

which has been dismissed vide the impugned order.

6) This Court at the request of ld. counsel for the parties had referred the matter

to the Supreme Court Mediation Centre for exploring the possibility of

settlement, however, the same having failed, this Court had passed the

following order on 17.08.2022:-

“It has been pointed out by the learned counsel for the

parties that the efforts for settlement have not fructified.

Hence, we have commenced hearing of the matter.

During the course of submissions, learned counsel for

the petitioners has made a pertinent point that the

respondent-husband indeed leveled allegation of the

personal nature against the petitioner No. 1 questioning

her chastity, particularly with reference to the birth of the

son and therefore, she cannot be said to be unjustified in

living separate.

We have taken note of the submissions so made and

have posed the question to the learned counsel for

respondent that prima facie the petitioner No. 1 appears to

be justified in living separately and if that be so, her

entitlement to claim maintenance cannot be ignored.

4

Learned counsel for the respondent prays for time to

complete his instructions as also to advice the respondent

appropriately.

Time, as prayed for, is allowed.”

7) The Court thereafter had heard the learned counsel for the parties, as also the

respondent who was present in person in the Court on 16.09.2022.

8) The learned counsel for the appellants vehemently submitted that the High

Court had passed the impugned order in a very perfunctory manner without

appreciating the conduct of the respondent during the proceedings before the

Family Court. He submitted that the version of the appellant-wife, who had

stepped into the witness box, as also the version of the other witnesses

examined by her had remained unchallenged, as the Family Court had closed

the right of the respondent to cross-examine the witnesses and, therefore,

there was no reason for the Family Court not to believe the version of the

appellant-wife which was stated by her on oath. However, the Family Court

accepted all the oral submissions of the learned counsel for the respondent,

without there being any evidence on record adduced by the respondent, and

disallowed the Maintenance application qua the appellant-wife, and the High

Court also erroneously confirmed the said order passed by the Family Court.

The learned counsel for the respondent however submitted that the

appellant-wife had left the matrimonial home along with the children

without any justifiable reason and had failed to prove that she was unable to

maintain herself. He further submitted that though the respondent has a party

5

plot, the same having been closed, he has no source of income. According to

him, the concurrent findings of facts recorded by the two courts, should not

be interfered by this Court.

9) At the outset, it may be noted that Section 125 of Cr.P.C. was conceived to

ameliorate the agony, anguish and financial suffering of a woman who is

required to leave the matrimonial home, so that some suitable arrangements

could be made to enable her to sustain herself and the children, as observed

by this Court in Bhuwan Mohan Singh vs. Meena & Ors.1

 . This Court in

the said case, after referring to the earlier decisions, has reiterated the

principle of law as to how the proceedings under Section 125 Cr.P.C have to

be dealt with by the Court. It held as under:

“In Dukhtar Jahan v. Mohd. Farooq [(1987) 1 SCC 624 :

1987 SCC (Cri) 237] the Court opined that : (SCC p. 631,

para 16)

16. “… Proceedings under Section 125 [of the Code],

it must be remembered, are of a summary nature

and are intended to enable destitute wives and

children, the latter whether they are legitimate or

illegitimate, to get maintenance in a speedy manner.”

8. A three-Judge Bench in Vimala (K.) v. Veeraswamy

(K.) [(1991) 2 SCC 375 : 1991 SCC (Cri) 442] , while

discussing about the basic purpose under Section 125 of

the Code, opined that : (SCC p. 378, para 3)

3. “Section 125 of the Code of Criminal

Procedure is meant to achieve a social

purpose. The object is to prevent vagrancy

and destitution. It provides a speedy

remedy for the supply of food, clothing, and

shelter to the deserted wife.”

1 (2015) 6 SCC 353

6

9. A two-Judge Bench in Kirtikant D. Vadodaria v. State of

Gujarat [(1996) 4 SCC 479 : 1996 SCC (Cri) 762] , while

adverting to the dominant purpose behind Section 125 of

the Code, ruled that : (SCC p. 489, para 15)

15. “… While dealing with the ambit and

scope of the provision contained in Section

125 of the Code, it has to be borne in mind

that the dominant and primary object is to

give social justice to the woman, child and

infirm parents, etc. and to prevent

destitution and vagrancy by compelling

those who can support those who are

unable to support themselves but have a

moral claim for support. The provisions in

Section 125 provide a speedy remedy to

those women, children and destitute

parents who are in distress. The provisions

in Section 125 are intended to achieve this

special purpose. The dominant purpose

behind the benevolent provisions contained

in Section 125 clearly is that the wife, child

and parents should not be left in a helpless

state of distress, destitution and

starvation.”

10. In Chaturbhuj v. Sita Bai [(2008) 2 SCC 316 : (2008) 1

SCC (Civ) 547 : (2008) 1 SCC (Cri) 356] , reiterating the

legal position the Court held : (SCC p. 320, para 6)

6. “… Section 125 CrPC is a measure of

social justice and is specially enacted to

protect women and children and as noted

by this Court in Capt. Ramesh Chander

Kaushal v. Veena Kaushal [(1978) 4 SCC

70 : 1978 SCC (Cri) 508] falls within

constitutional sweep of Article 15(3)

reinforced by Article 39 of the Constitution

of India. It is meant to achieve a social

purpose. The object is to prevent vagrancy

and destitution. It provides a speedy

remedy for the supply of food, clothing and

shelter to the deserted wife. It gives effect to

fundamental rights and natural duties of a

man to maintain his wife, children and

parents when they are unable to maintain

themselves. The aforesaid position was

highlighted in Savitaben Somabhai

Bhatiya v. State of Gujarat [(2005) 3 SCC

636 : 2005 SCC (Cri) 787] .”

7

11. Recently in Nagendrappa Natikar v. Neelamma [(2014)

14 SCC 452 : (2015) 1 SCC (Cri) 407 : (2015) 1 SCC (Civ)

346] , it has been stated that it is a piece of social

legislation which provides for a summary and speedy

relief by way of maintenance to a wife who is unable to

maintain herself and her children”.

10) This Court had made the above observations as the Court felt that the

Family Court in the said case had conducted the proceedings without being

alive to the objects and reasons, and the spirit of the provisions under

Section 125 of the Code. Such an impression has also been gathered by this

Court in the case on hand. The Family Court had disregarded the basic canon

of law that it is the sacrosanct duty of the husband to provide financial

support to the wife and to the minor children. The husband is required to

earn money even by physical labour, if he is an able-bodied, and could not

avoid his obligation, except on the legally permissible grounds mentioned in

the statute. In Chaturbhuj vs, Sita Bai2

, it has been held that the object of

maintenance proceedings is not to punish a person for his past neglect, but to

prevent vagrancy and destitution of a deserted wife, by providing her food,

clothing, and shelter by a speedy remedy. As settled by this Court, Section

125 Cr.P.C. is a measure of social justice and is specially enacted to protect

women and children. It also falls within the Constitutional sweep of Article

15(3), reinforced by Article 39 of the Constitution of India.

11) The Family Court, in the instant case had not only over-looked and

disregarded the aforesaid settled legal position, but had proceeded with the

2 (2008) 2 SCC 316

8

proceedings in absolutely pervert manner. The very fact that the right of the

respondent to cross-examine the witnesses of the appellant-original applicant

was closed, as he had failed to appear before the Family Court despite the

issuance of warrants, clearly established that he had no regards for his own

family nor had any regards for the Court or for the law. The allegations made

by the appellant-wife in her evidence before the Court had remained

unchallenged and, therefore, there was no reason for the Family Court to

disbelieve her version, and to believe the oral submissions made by the

learned counsel appearing for the respondent which had no basis. In absence

of any evidence on record adduced by the respondent disputing the evidence

adduced by the appellant, the Family Court could not have passed the order

believing the oral submissions of the learned counsel for the respondent. She

had clearly stated as to how she was harassed and subjected to cruelty by the

respondent, which had constrained her to leave the matrimonial home along

with her children, and as to how the respondent had failed and neglected to

maintain her and her children. She had also proved by producing the

documentary evidence that her father had paid money to the respondent from

time to time to help the respondent for his business. Even if the allegations

of demand of dowry by the respondent were not believed, there was enough

evidence to believe that money was being paid to the respondent by the

father of the appellant-wife, which substantiated her allegation that the

respondent was demanding money from her father and was subjecting her to

9

harassment. The errant respondent had also gone to the extent of

questioning her chastity alleging that Rachit was not his biological son.

There was nothing on record to substantiate his such baseless allegations.

His application for DNA test was also rejected by the Family Court. Of

course, the Family Court granted the Maintenance petition so far as the

appellant no.2-son was concerned, nonetheless had thoroughly mis-directed

itself by not granting the maintenance to the appellant-wife.

12) Such an erroneous and perverse order of Family Court was unfortunately

confirmed by the High Court by passing a very perfunctory impugned order.

The High Court, without assigning any reasons, passed the impugned order

in a very casual manner. This Court would have remanded the matter back to

the High Court for considering it afresh, however considering the fact that

the matter has been pending before this Court since the last four years, and

remanding it back would further delay the proceedings, this Court deemed it

proper to pass this order.

13) Though it was sought to be submitted by the learned counsel for the

respondent, and by the respondent himself that he has no source of income

as his party business has now been closed, the Court is neither impressed by

nor is ready to accept such submissions. The respondent being an ablebodied, he is obliged to earn by legitimate means and maintain his wife and

the minor child. Having regard to the evidence of the appellant-wife before

the Family Court, and having regard to the other evidence on record, the

10

Court has no hesitation in holding that though the respondent had sufficient

source of income and was able-bodied, had failed and neglected to maintain

the appellants. Considering the totality of facts and circumstances, we deem

it proper to grant maintenance allowance of Rs.10,000/- per month to the

appellant-wife, over and above the maintenance allowance of Rs. 6,000/-

granted by the Family Court to the appellant no. 2-son.

14) It is accordingly directed that the respondent shall pay maintenance amount

of Rs. 10,000/- per month to the appellant-wife from the date of filing of her

Maintenance Petition before the Family Court. The entire amount of arrears

shall be deposited by the respondent in the Family Court within eight weeks

from today, after adjusting the amount, if any, already paid or deposited by

him.

15) The appeal stands allowed accordingly.

………………………. J.

[DINESH MAHESHWARI]

 …..................................J.

 [BELA M. TRIVEDI]

NEW DELHI

28.09.2022

11