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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA, J.
Amit Gupta – Petitioner
Versus
Poonam Kumari – Respondent
CR-3848 of 2024 (O&M)
Decided On : 12-07-2024
JUDGMENT
Mr. Deepak Gupta, J.
By way of this revision petition, petitioner has challenged order dated 16.12.2022 (Annexure P6) passed by Ld. Chief Judicial Magistrate, Bilaspur (HP).
2.1 Perusal of the paper-book reveals that application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 [for short 'the DV Act'] was filed by wife-Poonam Kumari (respondent herein) against husband-Amit Gupta (petitioner herein) in the Court of ld. Chief Judicial Magistrate, Bilaspur (HP). On an application under Section 23 of the DV Act for grant of interim maintenance, after taking the reply and affidavits of both the sides, the impugned order dated 16.12.2022 (Annexure P6) was passed, whereby the husband (petitioner herein) was directed to pay an amount of Rs. 10,000/- per month as interim maintenance to the wife.
2.2 Later on, vide an order dated 27.04.2023 passed by Hon'ble Supreme Court in Transfer Petitioner (Criminal) No.42-43 of 2023, said complaint pertaining to DV Act and another petition under Section 125 CrPC, as pending before the Courts at Bilaspur (HP), were transferred to the family Court, Panchkula. It is how that the complaint is now pending before the Family Court, Panchkula.
3. Petitioner is against the impugned order regarding the quantum of interim maintenance.
4. However, on specific query put to ld. counsel, it is conceded by her that despite the fact that impugned order was passed on 16.12.2022, not even a single penny has been paid by the husband (petitioner herein) to the wife (respondent herein) till date. This court also notices that the impugned order has been challenged by way of this petition in July 2024 i.e. after more than 1½ year and that too without paying any penny to the wife till date. This conduct on the part of the petitioner-husband in itself disentitles him to claim any relief.
5. Apart from above, the impugned order would reveal that petitioner by way of his affidavit had claimed his income to be Rs. 12,000/- per month and that he was running a shop. However, the trial Court, considering the status of the petitioner, was of the view that he was earning not less than Rs. 30,000/- per month and based thereon, the interim maintenance of Rs. 10,000/- per month was allowed.
6. This Court does not find any illegality or perversity in the impugned order, calling for any interference.
7. Dismissed.
The court upheld the interim maintenance order, emphasizing that failure to comply with maintenance obligations and delay in seeking relief undermines a petitioner's claim.
Dual maintenance claims are permissible under different statutes, but the applicant must disclose previous orders and justify the need based on changing circumstances for additional relief.
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.
Courts can grant maintenance under the Protection of Women from Domestic Violence Act while other maintenance orders exist; proper assessment of the husband's income is essential for determining just....
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 emphasized that the husband has a duty to provide financial support to the wife commensurate with his earning capacity and the wife's standard of living.
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.
Interim maintenance under the Domestic Violence Act requires assessment of the respondent's income and presumption of ability to earn by the husband; mere claims of financial inability must be substa....
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....
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