Moot Court Problem - 1

Bhartendu studied in the Indian Institute of Management and obtained the Masters degree
in Event Management with distinction. On one occasion when he was organizing an event,
he met with beautiful girl namely Garima, a software engineer. They became good friends
and later they got married with the consent of their parents in a very simple function at
Chandigarh. Their marriage was solemnized on 23.03.2005. After the solemnization of
marriage, she was residing at Chandigarh with her husband (Appellant). After some time,
their relations became strained. On account of strained relations with his wife (Respondent)
in the marital life the appellant filed divorce petition in the year 2007 under the Hindu
Marriage Act, 1955 seeking divorce on the ground of cruelty. To counter the case of divorce
Garima (Respondent) filed the petition under the Domestic Violence Act, 2005. She prayed
for maintenance in the petition. Later on, Garima (Respondent) Lodged the First Information
Report under section 498A and under Section 406 of the Indian Penal Code,1860 against her
husband (Appellant). FIR was lodged at Police Station of Sector 26, Chandigarh on
15.03.2008. Again, in the month of March, 2008 Garima (Respondent) filed an application
under section 125 of Criminal Procedure Code, 1973 before the First-Class Magistrate.In the
meantime, the Learned Magistrate dismissed the application of Garima (Respondent) which
she filed under section 23(2) of the Domestic Violence Act, 2005. The Learned Magistrate in
his order stated that she could not prove on record that she is jobless and she has no
income. Garima approached to the Session Court and she procured the order from the
Court of Additional Session Judge. In his order Learned Additional Judge granted the
maintenance of Rs. 12000/- per month to Garima (Respondent). In the meantime,
Bhartendu (Appellant) was granted anticipatory bail by the Hon’ble Punjab and Haryana
High Court, Chandigarh. Garima again approached to the court under section 24 of the
Hindu Marriage Act, 1955 for interim maintenance pendente lite of Rs. 50,000/-. She further
claimed a sum of Rs. 1,20,000/- to meet litigation expenses. Her contention was that she has
no source of income and dependent on her husband (Appellant). Appellant contended that
she is very educated lady and by profession she is software engineer. Further, he contended
that Garima (Respondent) is having sufficient means to maintain herself. The Learned Court
dismissed the application filed under section 24 of the Hindu Marriage Act, 1955. Garima
approached to the Hon’ble Punjab and Haryana High Court and filed Criminal Miscellaneous
Application. Hon’ble High Court directed the Appellant for Rs. 65000/- per month as interim
maintenance. Hon’ble High Court further directed to pay Rs. 12000/- Per month to the
respondent under the Domestic Violence Act, 2005.

The Appellant being aggrieved by the order of the Hon’ble Punjab and Haryana High Court,
Chandigarh came in appeal before the Supreme Court.

Argue from the both side (Appellant and Respondent)