Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Del) 48581

SAHIBA SODHI v. THE STATE NCT OF DELHI & ANR

Judgement Key Points

Key Points: - The petitioner-wife challenged the Sessions Court’s order that set aside interim maintenance to her but upheld maintenance for the minor. (!) - The Court held that although the petitioner had concealed her true income, she is entitled to a residence order under Section 19 of the PWDV Act and the respondent is obligated to secure or pay rent for suitable accommodation for the petitioner and child. (!) - The Court modified the impugned order to grant the petitioner Rs. 10,000 per month for securing rented accommodation for herself and the minor child, while leaving intact the Rs. 15,000 per month child maintenance. (!) - The Court acknowledged the need to expedite trial given the long pendency since 2020, directing shorter dates and faster evidence completion. (!)

What is the scope of the court's power to modify interim maintenance and grant residential housing under the PWDV Act in the context of a petitioner who concealed income?

JUDGMENT

DR. SWARANA KANTA SHARMA, J

1. The present criminal revision petition has been preferred by the petitioner-wife against the order dated 05.04.2024 [hereafter ‘impugned order’], passed by the learned Additional Sessions Judge, SFTC (West)-01, Tis Hazari Courts, Delhi [hereafter ‘Sessions Court’] in Criminal Appeal Nos. 96/2022 and 190/2022, wherein both the parties had assailed the order dated 08.04.2022, passed by the learned MM (Mahila Court-05), West, Tis Hazari Courts, Delhi [hereafter ‘Trial Court’] in MC No. 300/2020 titled ‘Sahiba Sodhi vs.

Bikram Jeet Singh’, filed under Section 12 of the Protection of Women from Domestic Violence Act, 2012 [hereafter ‘PWDV Act’].

2. The brief facts necessary for adjudication of the present petition are that the parties herein were married on 19.02.2012 according to Sikh rites and ceremonies. A male child was born from the wedlock on 21.01.2013, who is presently in the custody of the petitioner-wife. In September 2020, the petitioner instituted a complaint under Section 12 of the PWDV Act, alleging that she had been subjected to continuous harassment on account of dowry demands and verbal as well as emotional abuse by the responden

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