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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Satyen Vaidya, J
Suresh Chand Jaswal – Appellant
Versus
Sanjana Verma – Respondent
| Table of Content |
|---|
| 1. wife filed for protection (Para 2 , 3) |
| 2. husband contested allegations (Para 4) |
| 3. trial court allowed application (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. both courts found wife entitled (Para 12) |
| 5. maintenance not to penalize (Para 13 , 14 , 15 , 16 , 17) |
| 6. relevant factors ignored (Para 18 , 19) |
| 7. petition allowed (Para 20 , 21 , 22) |
JUDGMENT :
By way of instant petition, petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India, to assail order dated 24.05.2024, passed by learned Additional Sessions Judge, Kullu, District Kullu, H.P., in Criminal Appeal No. 50 of 2023, whereby order dated 06.07.2023, granting interim maintenance to the respondent herein, under Section 23 of the Protection of Women from Domestic Violence, Act, 2005 (for short “DV Act”), passed by learned Judicial Magistrate First Class, Kullu, H.P., in case No. 3862 of 2022, has been affirmed.
3. It was averred in the application that marriage between the parties was solemnized on 16.02.1997 as per Hindu rites and customs. Two sons, namely, Jai Aditya and Dhruv Ambar were born out of the wedlock. The wife was kept nicely by husband till 2005 and thereafter she wa
Interim maintenance under the DV Act must consider both parties' financial circumstances and living arrangements, ensuring it does not penalize the other spouse.
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 potential for earning does not preclude a spouse from claiming maintenance under the DV Act if they have no independent income sufficient for support.
A spouse's educational qualifications do not negate their right to interim maintenance if they lack sufficient independent income, reinforcing the provisions of the DV Act and relevant case law.
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.
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 central legal point established in the judgment is the obligation of the husband to provide financial support to the wife and children, considering their status and the mode of life they were use....
Interim maintenance under the Protection of Women from Domestic Violence Act should reflect the financial status of the parties and the needs of the child, with 25% of the husband's net salary as a r....
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.
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