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PREM NARAYAN SINGH
Radhika (Smt. ) – Appellant
Versus
Lakshya Kumar – Respondent
ORDER
1. With consent, heard finally.
2. This order shall govern the disposal of these criminal revisions as they are arisen out of the same order dated 14.5.2024 passed in Criminal Appeal Nos.372/2023 and 15/2024 by the learned Additional Sessions Judge, District Indore. Hence, they are heard analogously and are being decided by this common order.
3. Being disgruntled by the judgment dated 14.5.2024 passed in Criminal Appeal No.372/2023 by the learned ASJ, Indore, the Criminal Revision No.3528/2024 has been filed by petitioner Radhika for setting aside the impugned order and requested that order dated 24.11.2023 passed in MJC R No. 1416/2023 be altered or modified to the extent of her request for interim maintenance of Rs.45,000/- filed under section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “D.V. Act”), while the Criminal Revision No. 3994/2024 has been filed by respondent/husband-Lakshya Soni to set aside the impugned order with alternative request that the amount of interim maintenance granted, be decreased. Further, the wife-Radhika will be addressed as petitioner while husband -Lakshya will be addressed as respondent.
4. Brief fact
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.
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....
Maintenance – Wife is not entitled for any interim maintenance when she has already waived off her right to claim maintenance at the time of divorce.
A wife's earning does not preclude her from receiving maintenance; courts must assess the overall financial situation and standard of living.
A wife who waives her right to maintenance during divorce cannot later claim interim maintenance, especially when living separately by mutual consent.
A wife can make a claim for maintenance under different statutes, but she is under a legal obligation to disclose any previous maintenance proceedings in subsequent proceedings for maintenance. The c....
The main legal point established in the judgment is the court's discretion in modifying maintenance orders and the consideration of the financial status and obligations of the parties.
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.
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