IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No(s) 1176-1177 of 2019
(Arising out of SLP (Crl) Nos 2511-2512 of 2017)
Monica Morton Appellant(s)
Durgesh Kumar Pal Respondent(s)
O R D E R
An award of maintenance in the amount of Rupees Three Thousand per
month by the Family Court at Allahabad was confirmed by the High Court in
The appellant seeks an enhancement on the ground that the award under
Section 125 of the Code of Criminal Procedure 1973 1
The appellant and the respondent married on 7 January 2000. The
marriage has encountered difficulties. Parties are residing separately. In 2008,
the appellant applied for maintenance under the Protection of Women from
Domestic Violence Act 2005 2
. In that proceeding, an amount of Rupees four
thousand per month was awarded as maintenance by an order dated 26 August
- The appellant also sought maintenance under Section 125 of the CrPC in
which an order dated 30 March 2015 was passed by the Family Court granting
2 �Domestic Violence Act�
maintenance at the rate of Rupees Three Thousand per month. The appellant is
hence receiving maintenance of Rupees Seven Thousand per month in total.
The respondent was a Senior Accountant in the Controller of Defence
Accounts at Allahabad and attained the age of superannuation on 31 January
- He secured a divorce from his earlier marriage before the parties to these
proceedings were married.
The appeal was filed by drawing the attention of the Court to the fact that
for August 2016, the pay slip of the respondent indicated a gross pay of Rs
1,11,133. After deductions of Rs 25,328, the take home pay was Rs 73,427.
Noticing this contention, this Court, by its order dated 22 March 2019,
issued notice in these proceedings. Pursuant thereto, the respondent has
appeared and filed his counter affidavit and a compilation of documents.
Learned counsel appearing on behalf of the respondent has submitted
that the reliance which has been placed by the appellant on the pay slip for
August 2016 is misguided as the pay slip is not an accurate representation of the
respondent�s monthly salary and take-home pay for the month of August 2016 as
it included arrears of Rs 50,733. Bearing this in mind, we have also perused the
pay slips for the months prior to and subsequent to August 2016 which have been
produced on the record. The pay slips indicate the following position:
Month Gross Pay (Rs) Net Pay (Rs)
July 2016 52,988 38,110
September 2016 62,807 43,914
May 2017 62,744 46,084
June 2017 62,744 46,084
The learned counsel appearing on behalf of the appellant has submitted
that the appellant is required to undertake expenses for her medical treatment and
is without any other means to maintain herself as she is not employed.
On the other hand, learned counsel appearing on behalf of the respondent
has submitted that the respondent himself is a senior citizen and therefore, any
award of maintenance should not jeopardize his ability to maintain himself as well
in his years of retirement.
Though the respondent has three children from the earlier marriage they
are now majors. We are of the considered view, having regard to the position of
the parties and their circumstances in life, that a total award of maintenance of
Rupees Twelve Thousand per month including the amount awarded under the
Domestic Violence Act should be granted. Hence, we order and direct that, in
addition to the amount which has been awarded by the Family Court, under
Section 125 of the CrPC, the appellant would be entitled to a further sum of
Rupees Five Thousand per month commencing from the date of the judgment of
the Family Court.
We accordingly allow the appeals and enhance the monthly maintenance
payable under Section 125 of the CrPC from Rupees Three Thousand per month
to Rupees Eight Thousand per month with effect from 30 April 2015. The arrears
payable to the appellant shall be payable in equal monthly instalments
commencing from the month of August 2019 over a period of six months, in
addition to the regular maintenance as quantified by this order.
(Dr. Dhananjaya Y Chandrachud)
August 01, 2019
ITEM NO.6 COURT NO.9 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) Nos.2511-2512/2017
(Arising out of impugned final judgment and order dated 01-09-2016
in CRR No. 1744/2015 and 18-11-2016 in CRLMR No. 284878/2016 passed
by the High Court of Judicature at Allahabad)
MONICA MORTON Petitioner(s)
DURGESH KUMAR PAL Respondent(s)
Date : 01-08-2019 These petitions were called on for hearing today.
HON’BLE DR. JUSTICE D.Y. CHANDRACHUD
HON’BLE MS. JUSTICE INDIRA BANERJEE
For Petitioner(s) Mr. Anilendra Pandey, AOR
Mr. C.P. Singh, Adv.
Mr. Madhusudan, Adv.
For Respondent(s) Mrs. Mona K. Rajvanshi, AOR
Mr. Anurag Kashyap, Adv.
Mr. Ashwani Kumar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The appeals are allowed in terms of the signed order.
Pending application, if any, stands disposed of.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file)