ANJU GARG & ANRversusDEEPAK KUMAR GARG

                         [2022] 5 S.C.R. 909                              909


                       ANJU GARG & ANR.                                   A
                                  v.
                     DEEPAK KUMAR GARG
                 (Criminal Appeal No. 1693 of 2022)
                       SEPTEMBER 28, 2022                                 B
  [DINESH MAHESHWARI AND BELA M. TRIVEDI, JJ.]
       Code of Criminal Procedure, 1973: s. 125 – Order for
maintenance of wives, children and parents – Basis purpose u/s.
125 – Held: Is to ameliorate the agony, anguish and financial
                                                                          C
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 – 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 –
On facts, the wife on account of harassment and cruelty by husband,       D
was forced to leave her matrimonial home alongwith her children,
sought maintenance u/s. 125 – High Court without assigning any
reasons, upheld the erroneous and perverse order of the family
court rejecting maintenance application of mother and her daughter
– Having regard to the evidence on record, it is clear that the husband
                                                                          E
had sufficient source of income and was able-bodied, and had failed
and neglected to maintain the wife and his children – In view thereof,
wife to be paid maintenance allowance of Rs.10,000/- per month
from the date of filing of the maintenance petition over and above
the maintenance allowance of Rs. 6,000/- granted by the family
court to the son.                                                         F
      Allowing the appeal, the Court
      HELD: 1.1 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              G
herself and the children. In the instant case, 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           H
                              909
910            SUPREME COURT REPORTS                      [2022] 5 S.C.R.


A     avoid his obligation, except on the legally permissible grounds
      mentioned in the statute. 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. [Paras
      9 and 10][914-E-F; 916-E-G]
B
            1.2 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
C     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. [Para 12][917-G-
      H]
D            1.3 The Court is neither impressed by nor is ready to accept
      the submission of the respondent that he has no source of income
      as his party business has now been closed. The respondent being
      an able- bodied, he is obliged to earn by legitimate means and
      maintain his wife and the minor child. Having regard to the
E     evidence of the appellant-wife before the Family Court, and having
      regard to the other evidence on record, the 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,
      it is proper to grant maintenance allowance of Rs.10,000/- per
F     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. Thus, the respondent is directed pay
      maintenance amount of Rs. 10,000/- per month to the appellant-
      wife from the date of filing of her Maintenance Petition before
G     the Family Court. [Paras 13 and 14][918-A-D]
            Bhuwan Mohan Singh v. Meena & Ors. (2015) 6 SCC
            353 : [2014] 8 SCR 858; Chaturbhuj v. Sita Bai (2008)
            2 SCC 316 : [2007] 12 SCR 577 – relied on.

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        ANJU GARG & ANR. v. DEEPAK KUMAR GARG                                 911


                         Case Law Reference                                   A
[2014] 8 SCR 858                     relied on           Para 9
[2007] 12 SCR 577                    relied on           Para 10
      CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
1693 of 2022.                                                                 B
      From the Judgment and Order dated 10.09.2018 of the High Court
of Punjab and Haryana at Chandigarh in Criminal Revision (F) No. 05
of 2017.
     Sandeep Jindal, Om Prakash Vyas, Ms. Rachita Garg, Sandeep
Kumar Dwivedi, Pradeep Kumar Dwivedi, Neeraj Kumar Singh,                     C
Awadhesh Kumar, Advs. for the Appellants.
      Dushyant Parashar, Manu P., Dinesh Pandey, Muthu Velpalani,
Advs. for the Respondent.
      The Judgment of the Court was delivered by
                                                                              D
      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              E
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               F
Petition filed by the appellants under Section 125 of Cr.P.C., qua the
appellant no. 1 -wife (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.                          G

      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
                                                                              H
912            SUPREME COURT REPORTS                           [2022] 5 S.C.R.


A     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
B
      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
C     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 to maintain themselves, the Maintenance Petition under section
      125 of Cr.P.C. was filed.
D            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
E     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
F     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
G     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 Revision Applications before the High
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        ANJU GARG & ANR. v. DEEPAK KUMAR GARG                                  913
                 [BELA M. TRIVEDI, J.]

Court, however, in none of the said proceedings, the High Court had            A
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
                                                                               B
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        C
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.                          D

            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            E
      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              F
      be justified in living separately and if that be so, her
      entitlement to claim maintenance cannot be ignored.
           Learned counsel for the respondent prays for time to
      complete his instructions as also to advice the respondent
      appropriately.                                                           G
             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.
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914                SUPREME COURT REPORTS                      [2022] 5 S.C.R.


A            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
B
      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
C     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
D
      to maintain herself. He further submitted that though the respondent has
      a party 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
E     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
F     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,
G               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

H     1
          (2015) 6 SCC 353
 ANJU GARG & ANR. v. DEEPAK KUMAR GARG                         915
          [BELA M. TRIVEDI, J.]

  whether they are legitimate or illegitimate, to get          A
  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)                   B
  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.”                                          C
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         D
  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        E
  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        F
  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       G
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
                                                               H
916                SUPREME COURT REPORTS                        [2022] 5 S.C.R.


A                  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
B
                   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)
C                  3 SCC 636 : 2005 SCC (Cri) 787] .”
                   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
D                  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
E     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
F     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
G     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
      2
H         (2008) 2 SCC 316
        ANJU GARG & ANR. v. DEEPAK KUMAR GARG                                 917
                 [BELA M. TRIVEDI, J.]

with the proceedings in absolutely pervert manner. The very fact that         A
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
                                                                              B
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     C
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
                                                                              D
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          E
from her father and was subjecting her to 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
                                                                              F
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         G
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.        H
918                SUPREME COURT REPORTS                      [2022] 5 S.C.R.


A            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 able-bodied, he is obliged to earn by legitimate means and
      maintain his wife and the minor child. Having regard to the evidence of
B
      the appellant-wife before the Family Court, and having regard to the
      other evidence on record, the 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
C     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
D     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.
E
      Nidhi Jain                                                 Appeal allowed.




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