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2019 Supreme(SC) 612

D.Y.CHANDRACHUD, HEMANT GUPTA
Ajay Kumar – Appellant
Versus
Lata @ Sharuti – Respondent


Advocates Appeared:
For the Petitioner: Mr. Anil Singal, Adv., Mr. Arvind Kumar Gupta, AOR
For the Respondent: Dr. Nirmal Chopra, AOR

Judgement Key Points

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

  1. The case involves a dispute under the Protection of Women from Domestic Violence Act, 2005, specifically concerning the award of interim maintenance to the first respondent (a widow) and her minor child (!) (!) .

  2. The appellant is the brother of the deceased spouse of the first respondent. The court has considered whether he can be held liable for maintenance, given that he and his deceased brother (the respondent's husband) jointly carried on a business and resided in the same household (!) (!) .

  3. The court clarified that the liability of the appellant to pay maintenance is based on the fact that he resided in the same household and was involved in a joint business with the deceased spouse, which constitutes a domestic relationship under the law (!) (!) (!) .

  4. The complaint details that the household where the first respondent and her deceased husband resided was part of joint family property, and the appellant's residence in the same household and participation in joint business support the finding of a domestic relationship (!) (!) .

  5. The court emphasized that whether the specific legal requirements for liability (such as fulfilling the criteria of a domestic relationship and shared household) are met is a matter of evidence to be determined at trial. However, at this stage, there was sufficient material to justify an interim maintenance order (!) (!) .

  6. The court confirmed that the interim order for maintenance does not preclude a final adjudication on the merits of the case, which will be conducted in accordance with law (!) .

  7. The arrears of maintenance are to be paid within four months in equal monthly installments (!) .

  8. The appeal was disposed of with the directions outlined, and pending applications, if any, were also disposed of accordingly (!) .

These points summarize the court’s reasoning and the legal principles applied regarding liability for maintenance in the context of domestic relationships and shared households.


ORDER :

1. Leave granted.

2. This appeal arises from a judgment of a learned Single Judge of the High Court of Punjab and Haryana dated 10 October 2018. The High Court dismissed a petition against the judgment of the Additional Sessions Judge, Panipat confirming an interim order for the award of maintenance to the first respondent and her minor child under the provisions of the Protection of Women from Domestic Violence Act, 2005 (“Act”).

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

4. The first respondent filed a petition under Section 12 of the Act inter alia for the purpose of seeking an award of maintenance. The complaint contains a recital of the fact that after her marriage, the complainant and her spouse resided at a house which constitutes ancestral Hindu Joint Family Property. She and her husband resided on the ground floor of the residential accommodation. The appellant and the deceased spouse of the first respondent jointly carried on a business of a kiryana store at Panipat from which, it has been alleged, each had an income of about Rs 30,000 per month.

5. The complaint alleges that at the death of Vijay Kumar, the f
























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