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H. P. SANDESH
Kishore Kumar – Appellant
Versus
K. Shamala – Respondent
JUDGMENT
H.P. Sandesh, J. - This matter is listed for admission.
This revision petition is filed to set aside the impugned judgment and order dated 30.11.2021 passed by the I Additional District and Sessions Judge, Mysuru in Crl. A. No. 185/2020 and in consequence, the interim order dated 19.11.2020 passed on I.A. filed under Section 23 of the Protection of Women from Domestic Violence Act, 2005 in Crl. Misc. No. 42/2016 on the file of the III Additional I Civil Judge and JMFC, Mysuru.
2. The factual matrix of the case of the prosecution is that the respondent herein has filed an application under Section 23 of Protection of Women from Domestic Violence Act, 2005 seeking interim maintenance of Rs. 50,000/- per month. The Trial Court, after considering the material on record, particularly, the format of affidavit of assets, income and expenditure, awarded an amount of Rs. 20,000/- per month. Being aggrieved by the said order, an appeal is filed in Crl. A. No. 185/2020, wherein the format of affidavit of assets, income and expenditure is also filed before the Appellate Court. The Apex Court also, in the judgment in the case of Rajnesh Vs. Neha has issued the guidelines for awarding main
The assessment of interim maintenance under the Domestic Violence Act should consider the income of the parties and their dependents.
Interim maintenance under the Domestic Violence Act is a provisional measure to prevent financial hardship, based on a broad assessment of parties' status, and is not a final determination of entitle....
An able-bodied husband is presumed to be capable of earning sufficient money to maintain his family, and income tax returns can be used to assess income for determining maintenance.
Interim maintenance under the Domestic Violence Act requires assessment of the respondent's income and presumption of ability to earn by the husband; mere claims of financial inability must be substa....
A wife must establish a prima facie case of domestic violence to be entitled to interim maintenance under the Domestic Violence Act, considering both parties' financial statuses.
The court upheld the principle of providing adequate interim maintenance for the wife and children based on the husband's employment and potential additional income.
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