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IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA, J.
Satish Kumar Aggarwal – Appellant
Versus
Subha Aggarwal – Respondent
Crl. Rev. P. 598 of 2018, Crl. M.A. 5520 of 2021 and 28091 of 2018
Decided On : 19-10-2022
DV Act - Maintenance - Section 12, Section 23 - [DV Act] - [Section 12, Section 23] - The court discussed the provisions of the Protection of Women from Domestic Violence Act, 2005 and the factors to be considered while deciding interim maintenance. It highlighted the importance of actual earnings, the standard of living, and the liabilities of the parties in determining the maintenance amount. The court also emphasized the need for truthful disclosure of income and the general view to be taken in the absence of exact income details. The court modified the maintenance amount based on the respondent's admission of receiving a certain sum of money and her capacity to maintain herself.
Fact of the Case:
The petitioner challenged the order modifying the maintenance amount awarded to the respondent under the Protection of Women from Domestic Violence Act, 2005. The respondent had filed a complaint under Section 12 of the DV Act and an application for interim maintenance under Section 23. The trial court awarded Rs. 7,000/- per month as interim maintenance, which was later enhanced to Rs. 15,000/- per month by the appellate court.
Finding of the Court:
The court found that the respondent's admission of receiving Rs. 10 lakhs and her capacity to maintain herself justified a reduction in the maintenance amount from Rs. 15,000/- to Rs. 12,000/- per month. The court emphasized the importance of actual earnings, standard of living, and liabilities in determining the maintenance amount.
Issues: The issues involved the determination of the appropriate maintenance amount for the respondent under the DV Act, considering the parties' qualifications, earnings, and liabilities.
Ratio Decidendi: The court's decision was based on the respondent's admission of receiving Rs. 10 lakhs and her capacity to maintain herself, leading to a reduction in the maintenance amount. The court also emphasized the importance of actual earnings, standard of living, and liabilities in determining the maintenance amount.
Final Decision: The court modified the maintenance amount from Rs. 15,000/- to Rs. 12,000/- per month based on the respondent's admission of receiving a certain sum of money and her capacity to maintain herself.
JUDGMENT
Swarana Kanta Sharma, J.
1. The present revision petition has been filed challenging the order dated 16.05.2018 passed by the learned Additional Sessions Judge/ Special Judge (PC Act) CBI-3, South District, Saket Courts, New Delhi whereby the order of the learned Trial Court has been modified and the amount of maintenance has been enhanced.
2. Brief facts leading to the filing of instant petition are that the marriage of the petitioner was solemnized with the respondent as per Hindu rites and customs on 13.07.2013. Upon disputes arising between the parties, a complaint was filed by the respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005 ("DV Act") against the present petitioner alongwith an application for grant of interim maintenance under Section 23 of DV Act.
3. Learned Trial Court, after filing of the Written Statement and the affidavit by the present petitioner, passed the order on 26.07.2017 thereby awarding a sum of Rs. 7,000/-per month as interim maintenance to the respondent. The order dated 26.07.2017 reads as under:
After considering the material available on record and the arguments addressed, this court is of the view that the marriage between the parties is not disputed. The fact that after her marriage, the aggrieved had started living alongwith respondents at her matrimonial house is also not disputed. Therefore, at this preliminary stage it is presumed that prima facie aggrieved has brought on record that there was sharing of domestic relationship in a shared house hold.
Now coming to the allegations in regard to infliction of violence, in this regard it is pertinent to mention that in the DIR filed by the Protection Officer and also in the petition the aggrieved has alleged infliction of physical, emotional, mental and economic abuse. The said facts have been denied by the respondents but in this regard this court is of the view that allegations and counter allegations of infliction of violence cannot be decided at this stage and the same are matter of trial. Hence, at this preliminary stage it is presumed that there was infliction of violence and therefore, the aggrieved is entitled to claim maintenance from the respondent.
Now coming to the maintenance aspect.
In the income affidavit filed by aggrieved she has stated her educational qualification to be a graduate and stated that she is presently unemployed and dependent on her parents. As per her, respondents had completed his BBA and is running his jewellery shop with monthly income of Rs. 2 lacs.
In the income affidavit filed by respondent No. 1, he has admitted is educational qualification to be BBA but he is jobless. He alleged that all his expenses are borne by his friends and known persons. As per him aggrieved is an MBA and is getting salary of Rs. 40,000/-approximately per month.
Arguments heard by both the parties. Heard. Record perused. At the stage of addressing arguments, documents were filed by aggrieved alleging that the mobile number which are mentioned in the advertisement which are available online, belongs to respondent which shows that he is running the said jewellery shop. She has also filed a photocopy of pamphlet which shows that respondent is also contesting some election.
It is also pertinent to mention that as per bank statement of aggrieved, she was earning approximately sum of Rs.25,000/-per month from her previous job. It was orally clarified by her she left her job in the month of October 2014 and thereafter she is not working. However, she was not able to clarify and give any specific reason for quitting her job. She alleged that due to her ill health, she is presently not pursuing her job. During arguments, it was also apprised to the court that aggrieved is a heart patient since her childhood, however, in the opinion of this court even if she was a heart patient since her childhood. However, in the opinion of this court, if despite her ailment if sh
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