$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:
11. 04.2019 CRL.REV.P. 651/2017 RAJ KUMAR RENU versus ........ Petitioner
..... Respondent Advocates who appeared in this case: For the... Petitioner
: Mr.Akshat Goel and Mr.Dushyant Tiwari, Advs. For the Respondent : Mr. Irfan Khan, Adv. CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJEEV SACHDEVA, J.
(ORAL) JUDGMENT1... Petitioner
impugns order dated 01.12.2016 whereby, in the proceedings initiated under Section 125 Cr.P.C by the respondent, Trial Court directed the petitioner to make an ad hoc payment of Rs.50,000/- without prejudice to the rights and contentions of the parties.
2. It is an admitted position that petitioner has paid the said amount of Rs.50,000/-.
3. Learned counsel for the petitioner submits that respondent had CRL.REV.P6512017 Page 1 of 4 also initiated proceedings under Section 12 of The Protection of Women from Domestic Violence Act, 2005 (DV Act for short) in which by order dated 03.02.2017 interim maintenance of Rs. 3,000/- has been fixed which is to be paid from the date of filing of the said petition i.e. 03.08.2015.
4. Learned counsel submits that the subject proceedings under Section 125 Cr.P.C. were initiated on 05.10.2015. He submits that in terms of the order passed by the Mahila Court in the DV Act proceedings, a sum of Rs.66,000/- has already been paid till date.
5. He submits that since the income of the petitioner has been assessed prima facie at Rs.8000/- and interim maintenance of Rs.3000/- has been fixed, the amount paid by the petitioner in these proceedings under section 125 CrPC should be taken into account for adjustment towards maintenance to be paid by the petitioner in the DV Act proceedings.
6. Learned counsel for the petitioner submits that calculated from 03.08.2015 at the rate of Rs.3000/- till 30.04.2019, petitioner is liable to pay a total sum of Rs.1,32,000/- out of which Rs.66,000/- has already been paid in DV Act proceedings and Rs.50,000/- has been paid in terms of the impugned order passed in the Section 125 Cr.P.C proceedings and accordingly a sum of Rs.16,000/- is due and payable. He submits that petitioner shall pay the balance amount to the respondent by 30.04.2019. CRL.REV.P6512017 Page 2 of 4 7. Learned counsel appearing for the respondent submits that the Mahila Court has erred in assessing the income of the petitioner at Rs.8000/- whereas the income of the petitioner is much more than Rs.8000/-. This submission is denied by the petitioner.
8. Learned counsel for the respondent further points out that by order dated 03.02.2017 in the DV Act proceedings, the court has already directed that any maintenance paid by the petitioner would be accordingly adjusted.
9. Whether income of the petitioner is Rs.8000/- or more is a factor which would be considered by the respective Courts when evidence is adduced by the parties on the said aspect.
10. It is agreed that pending assessment of income and the consequential maintenance amount by the respective Courts, after evidence is led by the parties, the interim maintenance to be paid to the respondent would be at Rs.3000/- per month. This would however, be subject to Section 127 Cr.P.C.
11. In case either of the two Courts return a finding that income of the petitioner is more than Rs. 8000/- and maintenance amount has to be enhanced, appropriate adjustment would be given to the petitioner for the amounts already paid by him in both these proceedings.
12. It is clarified that a final order passed by the Court either under Section 125 Cr.P.C or under the DV Act would be a relevant CRL.REV.P6512017 Page 3 of 4 consideration by the other Court for adjudication of the proceedings pending before it.
13. It is further clarified that this Court has neither considered nor opined on the merits of the case of either party. The rights and contentions of the parties are accordingly reserved.
14. The petition is disposed of in the above terms.
15. After the petition was disposed of, parties prayed that the parties be referred to mediation. Accordingly, parties are referred to mediation. Parties shall appear before Delhi High Court Mediation & Conciliation Centre on 26.04.2019 at 4 PM.
16. List before Court for reporting settlement, if any, on 09.08.2019.
17. Order dasti under signatures of the Court Master. APRIL11 2019 rk SANJEEV SACHDEVA, J CRL.REV.P6512017 Page 4 of 4