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MANOJ KUMAR GARG
Rajnish Kumar – Appellant
Versus
Gaytri – Respondent
Revision petition challenging trial court's interim maintenance order under Section 12 of the Domestic Violence Act dismissed for lack of merit; appellate order upheld. (!) (!)
Husband, as government servant earning Rs. 62,000/- monthly, has statutory duty to maintain legally wedded wife and minor daughter. (!) (!) (!)
Award of Rs. 5,000/- per month to wife and Rs. 5,000/- per month to minor daughter reasonable, considering husband's income, rising prices, and family circumstances. (!) (!) (!)
Allegations of procedural irregularity, including non-consideration of domestic incident report, rejected as unsubstantiated. (!) (!) (!)
Claims that maintenance amounts excessive not sustainable. (!) (!) (!)
Stay application on maintenance order dismissed. (!)
ORDER :
1. Instant revision petition has been filed by the petitioner-husband against the order dated 03.11.2023 passed by the learned Additional Sessions Judge, Sujangarh, District Churu in Cr. Appeal No. 13/2023 whereby, the learned appellate court dismissed the appeal of the petitioner-husband and upheld the order dated 13.06.2023, passed by learned Additional Chief Judicial Magistrate, Sujangarh, District Churu in Cr. Case No. 04/2019 whereby, the learned trial court awarded interim maintenance of Rs. 5,000/- per month to the respondent-wife and Rs. 5,000/- per month to minor daughter under Section 12 of Domestic Violence Act.
2. Learned counsel for the petitioner-husband submits that according to the provisions of Section 12 of the Domestic Violence Act, before passing any order on such application, the court should take into consideration any domestic incident report received from the Protection Officer or the Service Provider. But in the present case, the learned trial court without adhering to the aforesaid provisions, has passed the impugned order of maintenance. Thus, the order impugned is per se illegal. Counsel further submits that the learned trial court also committed e
The court upheld the interim maintenance awarded under the Domestic Violence Act, emphasizing the husband's duty to maintain his wife and daughter despite claims of illegality in the order.
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 court upheld the principle of providing adequate interim maintenance for the wife and children based on the husband's employment and potential additional income.
The legal principle established is that a wife is entitled to the same standard of living as in her matrimonial home and that 25% of the husband's salary would be a reasonable maintenance allowance.
The court established that maintenance must be adequate and reflect the financial capacity of the payer, especially after recognizing domestic violence, warranting an increase from Rs.2 lakhs to Rs.7....
Interim maintenance under the DV Act must consider both parties' financial circumstances and living arrangements, ensuring it does not penalize the other spouse.
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.
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