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2018 Supreme(SC) 733

A.K.SIKRI, ASHOK BHUSHAN
SHALU OJHA – Appellant
Versus
PRASHANT OJHA – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points:

  1. Proceedings under the Domestic Violence (DV) Act, 2005 are summary in nature, and therefore, the amount of maintenance cannot be adjudicated within these proceedings. Instead, a proper petition under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 or Section 125 of the Code of Criminal Procedure, 1973 should be filed for a detailed determination based on evidence and cross-examination (!) (!) .

  2. The case involves a marriage between the petitioner (wife) and respondent (husband), which lasted only about four months, with approximately ten years of separation thereafter. The petitioner initially filed for maintenance under the DV Act, resulting in an interim order of Rs.2,50,000 per month, later reduced to Rs.50,000 per month on appeal, which has attained finality (!) (!) (!) .

  3. The petitioner was granted interim maintenance, but the respondent challenged this order through appeals and proceedings that involved multiple courts, including the High Court and Supreme Court, leading to reductions and modifications in the maintenance amount (!) (!) .

  4. The respondent was in judicial custody for failing to pay the maintenance arrears but was released after paying part of the dues. The respondent’s financial condition has been contested, with claims of hardship and inability to pay, as well as allegations of significant assets and income, which the petitioner disputes based on evidence of assets and bank balances (!) (!) (!) (!) .

  5. The petitioner has filed an income affidavit claiming substantial expenses and income, and has provided evidence of assets and income sources, which the respondent disputes, asserting that the petitioner has other income sources and assets, and that her expenditure claims are exaggerated (!) (!) (!) .

  6. The court emphasizes that the veracity and evidential value of the parties’ claims can only be finally determined after evidence is led and tested through cross-examination. Therefore, the appropriate course is to allow the petitioner to initiate a formal maintenance application under the relevant civil or criminal provisions for a comprehensive adjudication (!) (!) .

  7. The court directs that any future maintenance order should not be less than Rs.50,000 per month, as this figure has already attained finality. The respondent is instructed to continue paying this amount until a final decision is made on the proper maintenance amount through appropriate proceedings (!) (!) .

  8. Overall, the proceedings highlight the importance of a detailed, evidence-based approach for determining maintenance, given the summary nature of proceedings under the DV Act and the complex financial disclosures by both parties.


JUDGMENT

A.K. SIKRI, J.

On an earlier occasion, after hearing the petitioner who appeared in person, and the learned counsel for the respondent, we had passed order dated September 4, 2017, thereby disposing of this petition with the following directions:

(a) insofar as domestic violence proceedings before the Family Court are concerned, necessary documents shall be filed by both the parties within four weeks from today and evidence led pursuant thereto. The trial court shall endeavour to decide the case finally, within a period of eight months from today, on the basis of evidence and fix the rate of maintenance finally; and

(b) Crl.MC. No. 850 of 2015, pending before the High Court, shall be taken up for hearing immediately and the High Court shall endeavour to dispose of the same as expeditiously as possible and determine at what rate interim maintenance is to be given, i.e. whether order dated February 13, 2015 passed by the learned ASJ need any modification or not.

2) Thereafter, review petition was filed by the petitioner pointing out that there was apparent error in passing the aforesaid directions inasmuch as matter was remitted to the High Court for presumption that proceed



























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