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IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA
Swati Saista – Appellant
Versus
CRL.REV.P.(MAT.) 308/2025, CRL.M.A. 19579/2025 & CRL.M.A.21913/2025 – Respondent
Main legal point established: Interim maintenance under the Protection of Women from Domestic Violence Act can be modified or reduced upon a prima facie demonstration of material change in financial circumstances (such as job loss evidenced by termination notices, bank statements showing no salary credits, and affidavits of expenditure), through a broad and reasonable estimation based on available disclosures, without conducting an exhaustive evidentiary trial akin to final adjudication. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) [6][7][8][9][10][11][12][13][16][17]
| Table of Content |
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| 1. interim maintenance requires assessment based on immediate needs and financial disclosures. (Para 1 , 4) |
| 2. appellant claims grievance on judicial oversight regarding financial disclosures. (Para 5) |
| 3. court remarks on the necessity for provisional arrangements in interim maintenance applications. (Para 6 , 8 , 10) |
| 4. change in financial circumstances justifies reevaluation of maintenance. (Para 12 , 13) |
ORDER :
CRL.M.A. 21913/2025 (seeking leave to amend the petition
2. The application stands disposed of.
3. The present revision petition under Sections 438, 442 read with 529 of the Bharatiya Nagarik Suraksha Sanhita, 2023, [“ BNSS ”] (corresponding to Sections 397, 401 and 482 of Code of Criminal Procedure, 1973[“CrPC”]) is directed against judgment dated 13th May, 2025, passed by ASJ-02, Dwarka Courts, New Delhi, in C.A. No. 64/2024 titled Swati Saista v. Dhirendra Kumar. By the impugned judgment, the Appellate Court upheld the order passed by the Metropolitan Magistrate, Mahila Court-02, South West District, Dwarka Courts, Delhi, in Complaint Case No. 1582/2019, whereby the interim maintenance previously fixed at INR 1,00,000/- per month in favour of the Petitioner w
Interim maintenance can be re-evaluated based on demonstrated changes in financial circumstances without exhaustive trials.
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 duty of a husband to maintain his wife and child is fundamental and remains irrespective of personal status, underscoring the need for timely interim relief under domestic violence legislation.
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....
The determination of maintenance in matrimonial disputes depends on the financial status of the parties and the standard of living to which the aggrieved person is accustomed.
Maintenance under Section 125 Cr.P.C. must reflect the financial status of the husband and the needs of the wife, ensuring adequate support for her living expenses.
The main legal point established in the judgment is the importance of considering the affidavit of assets and liabilities in determining the quantum of interim maintenance allowance and the need for ....
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