AJAY KUMAR versus LATA @ SHARUTI & ORS. on 8 April 2019

O R D E R

1. Leave granted.

2. This appeal arises from a judgment of a learned Single Judgeof the High Court of Punjab and Haryana dated 10 October 2018. The

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AHigh Court dismissed a petition against the judgment of the AdditionalSessions Judge, Panipat confirming an interim order for the award ofmaintenance to the first respondent and her minor child under theprovisions of the Protection of Women from Domestic Violence Act,2005[1].

B3. The first respondent was married to Vijay Kumar Jindal on 12December 2010. They have two children.

4. The first respondent filed a petition under Section 12 of the Actinter alia for the purpose of seeking an award of maintenance. Thecomplaint contains a recital of the fact that after her marriage, theCcomplainant and her spouse resided at a house which constitutes ancestralHindu Joint Family Property. She and her husband resided on the groundfloor of the residential accommodation. The appellant and the deceasedspouse of the first respondent jointly carried on a business of a kiryanastore at Panipat from which, it has been alleged, each had an income ofabout Rs 30,000 per month.D

5. The complaint alleges that at the death of Vijay Kumar, thefirst respondent was pregnant and that she gave birth to a child on 31January 2013. The travails of the first respondent are alleged to havecommenced after the death of her spouse and she was not permitted toreside in her matrimonial home.

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6. The learned Trial Judge by an order dated 3 July 2015 grantedmonthly maintenance in the amount of Rs 4,000 to the first respondentand Rs 2,000 to the second respondent. The award of maintenance wasdirected against the appellant who was carrying on the above businesstogether with the deceased spouse of the first respondent. This order ofFthe Judicial Magistrate, First Class, Panipat dated 3 July 2015 wasconfirmed by the Additional Sessions Judge, Panipat on 14 August 2018.The High Court, in a petition filed by the appellant, affirmed the view.Hence these proceedings came to be instituted under Article 136 of theConstitution of India.

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7. The submission which has been urged on behalf of the appellantis that there was no basis under the provisions of the Act to fastenliability on the appellant, who is the brother of the deceased spouse ofthe first respondent. Learned counsel submitted that the sole basis on 1 “Act”H

which liability has been fastened is that the appellant and his deceasedbrother carried on a joint business. It was urged that this cannot furnishany lawful basis to direct the appellant to meet the award of maintenance.

8. On the other hand, learned counsel appearing on behalf of therespondents has relied upon the averments in the complaint and submittedthat at this stage, there is no reason or justification for the Court tointerfere under Article 136 of the Constitution of India particularly againstan interlocutory order.

9. Section 12(1) provides that an aggrieved person may presentan application to the Magistrate seeking one or more reliefs under theAct. Under the provisions of Section 20(1), the Magistrate while dealingwith an application under sub-Section (1) of Section 12 is empowered todirect the respondent(s) to pay monetary relief to meet the expensesincurred and losses suffered by the aggrieved person and any child ofthe aggrieved person as a result of domestic violence. This may includebut is not limited to an order for maintenance of the aggrieved person aswell as her children, if any, including an order under or in addition to anorder for maintenance under Section 125 of the CrPC or any other lawfor the time being in force.

10. The expression “respondent” is defined in Section 2(q) asfollows:- 2(q) “respondent” means any adult male person who is, or hasbeen, in a domestic relationship with the aggrieved person andagainst whom the aggrieved person has sought any relief underthis Act:

Provided that an aggrieved wife or female living in a relationshipin the nature of a marriage may also file a complaint against arelative of the husband or the male partner;

11. The substantive part of Section 2(q) indicates that theexpression “respondent” means any adult male person who is, or hasbeen, in a domestic relationship with the aggrieved person and againstwhom relief has been sought. The proviso indicates that both, anaggrieved wife or a female living in a relationship in the nature of marriagemay also file a complaint against a relative of the husband or the malepartner, as the case may be.

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ASection 2(f) defines the expression “domestic relationship” thus:

2(f) “domestic relationship” means a relationship between twopersons who live or have, at any point of time, lived together in ashared household, when they are related by consanguinity,marriage, or through a relationship in the nature of marriage,Badoption or are family members living together as a joint family;12. Section 2(f) defines the expression ‘domestic relationship’ tomean a relationship where two persons live or have lived together at anypoint of time in a shared household when they are related by consanguinity,marriage or through a relationship in the nature of marriage, adoption orCare members living together as a joint family.The expression “shared household” is defined in Section 2(s) asfollows:- 2(s) “shared household” means a household where the personaggrieved lives or at any stage has lived in a domestic relationshipDeither singly or along with the respondent and includes such ahouse hold whether owned or tenanted either jointly by theaggrieved person and the respondent, or owned or tenanted byeither of them in respect of which either the aggrieved person orthe respondent or both jointly or singly have any right, title, interestEor equity and includes such a household which may belong to thejoint family of which the respondent is a member, irrespective ofwhether the respondent or the aggrieved person has any right,title or interest in the shared household;

13. All these definitions indicate the width and amplitude of theintent of Parliament in creating both an obligation and a remedy in theFterms of the enactment.

14. In the present case, at this stage, it would be sufficient toadvert to the contents of paragraph 10 of the complaint which read asfollows:- G“10. That the marriage between the Complainant No. 1 and Sh.Vijay Kumar Jindal was settled through Sh. Narender Jain S/o.Late Sh. Rameshwar Dass R/o Haryana School-Wali-Gali, VIII,Inder Garhi, Tehsil Gohana, Distt. Sonepat, and before marriagehe (Mediator namely Sh. Narender Jain) told that previously therewas a residential house situated near Railway Fathak, Jatal Road,H

Panipat, which was constructed by Sh. Mai Dhan (Grandfatherof Sh. Vijay Kumar Jindal and Respondent No. 2) and after thedeath of said Sh. Mai Dhan, his son Sh. Brahmanand Jindal (Fatherof Sh. Vijay Kumar Jindal and Respondent No. 2) became theowner in possession of the said house and later on Sh. BrahmanandJindal, sold away the said house and purchased H No. 149, EightMarla Colony, Kranti Nagar, Near Radha Krishna Mandir, Panipatin the name of his wife Smt. Rajo Devi (Respondent No. 1) about8 years ago. Thus the said house i.e. H No. 149, Eight MarlaColony, Kranti Nagar, Near Radha Krishna Mandir, Panipat isancestral Joint Hindu Family property / residential house standingin the name of Respondent No. 1 qua the present complainants.”

In paragraph 12 and 13, it has been averred as follows:- “12. That after marriage between the Complainant No. 1 and Sh.Vijay Kumar Jindal, the Respondents provided the ground floor ofH No. 149, Eight Marla Colony, Kranti Nagar, Near Radha KrishnaMandir, Panipat to the newly wedded couple (i.e. ComplainantNo. 1 and Sh. Vijay Kumar Jindal) and they kept all dowry articles,house hold articles etc. mentioned above in the said residentialaccommodation (ground floor of said house) and she (i.e.Complainant No. 1) also consummated her marriage with herhusband in the Ground floor of said house and Kirti Jindal(Complainant No. 2) was born out of the said wedlock. It ispertinent to mention here that all dowry articles, istridhan,household articles, furniture etc. etc. are still kept in said house /matrimonial house of Complainant No. 1 and the golden ornamentsand jewelry etc., all are yet in possession of the Respondents.

13. That it is worthwhile to mention here that after the marriageof Complainant No. 1, both brother Sh. Vijay Kumar Jindal andAjay Kumar Jindal were running their joint business of M/s. AjayKumar Vijay Kumar Kiryana Store, at Jatal Road, Sanjay ChowkPanipat, very smoothly and both brothers were taking / decidingRs. 30,000/- P.M. each, out of the income of the said business, forthe maintenance of their respective families. However after thedeath of Sh. Vijay Kumar, the Respondent No. 2 has been runningthe said business and the Complainants are equally entitled to theamount which the respondent No. 2 has been deducting from the AB

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288SUPREME COURT REPORTS

[2019] 6 S.C.R.

Asaid joint business or at least Rs. 30,000/- P.M. which theComplainant No. 1 has been receiving during the life time of Sh.Vijay Kumar Jindal.”

15. At the present stage, there are sufficient averments in thecomplaint to sustain the order for the award of interim maintenance.BParagraph 10 of the complaint prima facie indicates that the case of thecomplainants is that the house where the first respondent and her spouseresided, belong to a joint family. The appellant and his brother (who wasthe spouse of the first respondent and father of the second respondent)carried on a joint business. The appellant resided in the same household.Ultimately, whether the requirements of Section 2(f); Section 2(q); andCSection 2(s) are fulfilled is a matter of evidence which will be adjudicatedupon at the trial. At this stage, for the purpose of an interim order formaintenance, there was material which justifies the issuance of a directionin regard to the payment of maintenance.

16. However, we clarify that the present order as well as ordersDwhich have been passed by the courts below shall not come in the wayof a final adjudication on the merits of the complaint in accordance withlaw.

17. The arrears shall be paid over within a period of four monthsfrom today by equal monthly installments.E

18. The Appeal is, accordingly, disposed of.

19. Pending application(s), if any, shall also stand disposed of.

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Ankit Gyan

Appeal disposed of.

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