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SUVIR SEHGAL
Harish Kumar Alias Harish Bakshi – Appellant
Versus
Geetanjli Sharma – Respondent
JUDGMENT
Suvir Sehgal, J. (Oral) - Instant revision petition has been filed under Section 401 of the Code of Criminal Procedure, 1973 (for short 'the Code') challenging the order dated 21.02.2022 passed in complaint No.67/2019 by learned JMIC, Yamuna Nagar at Jagadhri, vide which the petitioner has been directed to pay monthly interim maintenance of Rs.10,000/- to the respondent in proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the DV Act') and the order dated 30.03.2022 passed in CRA-52-2022 by learned Additional Sessions Judge, Yamuna Nagar at Jagadhri, vide which the appeal of the petitioner against the said order has been dismissed.
2. In brief, facts leading to the filing of the present petition are that the complainant-aggrieved person (hereinafter referred to as 'respondent No.1') has filed a complaint under Section 12 of the D.V. Act averring that she was married to the petitioner on 08.02.2017 and huge amount was spent on the marriage functions and sufficient dowry was given to the petitioner as well as his relations as per the financial capacity and status of the parties. But from the very beginning, the petitioner and h
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.
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.
The court considered the disparity in income and the welfare of the minor child in upholding the grant of interim maintenance.
The assessment of interim maintenance under the Domestic Violence Act should consider the income of the parties and their dependents.
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.
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