IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA
Swati Saista – Appellant
Versus
Dhirendra Kumar – Respondent
ORDER :
CRL. REV.P. (MAT.) 114/2025
1. The present petition impugns order dated 25th February, 2025, passed by the Sessions Court (ASJ-02), Dwarka Courts, Delhi in Cr. Appeal No. CA 64/2024, rejecting the Petitioner’s appeal on the ground of maintainability.
2. Briefly stated, the factual background of the case is as follows:
2.1. On an application filed by the Petitioner, the MM, Mahila Court-02 Dwarka Courts, Delhi passed an order dated 7th September, 2020 awarding interim maintenance of INR 1 lakh to the Petitioner. The said order was challenged by both the Petitioner as well as the Respondent under Section 29 of Protection of Women from Domestic Violence Act, 2005, [“DV Act”] These appeals were decided by a common order dated 1st October, 2021, upholding the order of interim maintenance dated 7th September, 2020. Both the parties have now assailed the order dated 1st October, 2021 by filing revision petitions before this Court bearing no. CRL. REV. P. 363/2021 and CRL.REV. P. 43/2022, which are currently pending consideration.
2.2. In the meantime, the Respondent filed an application under Section 25(2) of the DV Act, contending that there has been a change in the financial position
An order under Section 25(2) of the DV Act modifying interim maintenance is not directly appealable under Section 29, impacting the Petitioner's rights.
The main legal point established is the appealability of orders under Sections 12 and 23 of the Protection of Women from Domestic Violence Act, 2005, and the limited scope for interference by the app....
The substantial right to appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 is of importance and should be considered as the appropriate remedy.
Interim maintenance can be granted based on prima facie evidence, allowing for future rebuttal, as established under the Protection of Women from Domestic Violence Act.
An appeal against an interim order under the DV Act is maintainable, and the appellate court has the power to pass interim orders.
Maintenance – Alteration, modification or revocation of order granting maintenance – Change in circumstance must occur only after an initial order is made under Section 12 of Domestic Violence Act, 2....
The appellate court has implied powers to grant interim orders under the DV Act to ensure justice during the appeal process.
The court upheld the broader definition of 'domestic relationship' in the Protection of Women from Domestic Violence Act, allowing maintenance claims from individuals in non-legally recognized marria....
Entitlement to maintenance under the Domestic Violence Act is not contingent on property rental arrangements; such conditions violate the statutory framework.
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.