The present appeal arises from a judgment of the High Court of Punjab and Haryana in which the Hon’ble High Court dismissed a petition against the judgment of the Additional Sessions Judge, Panipat confirming an interim order for the award of maintenance to the first respondent and her minor child under the provisions of the Act 2005.
Contentions raised by the Respondent
The respondent alleged that after her marriage, the complainant and her spouse resided at a house which constitutes ancestral Hindu Joint Family Property. She and her husband resided on the ground floor of the residential accommodation. The appellant and the deceased spouse of the first respondent jointly carried on a business of a kiryana store at Panipat from which, it has been alleged, each had an income of about Rs 30,000 per month. After the death of her husband, the respondent was pregnant and that she gave birth to a child on 31 January 2013. The travails of the respondent are alleged to have commenced after the death of her spouse and she was not permitted to reside in her matrimonial home.
The learned Trial Judge granted monthly maintenance to her and to the child born out of the said wedlock. The award of maintenance was directed against the appellant/ brother in law who was carrying on the above business together with the deceased spouse of the respondent. This order of the JMFC was confirmed by the Additional Sessions Judge. The High Court, in a petition filed by the appellant, affirmed the view. Hence these proceedings came to be instituted under Article 136 of the Constitution of India.
Contentions raised by the Appellant
The submission of appellant was that there was no basis under the provisions of the Act to fasten liability on the appellant/the brother of the deceased spouse of the respondent.
Judgment
The court held that according to section 2(q) of the Protection of Women from Domestic Violence Act, 2005, indicates that both, an aggrieved wife or a female living in a relationship in the nature of marriage may also file a complaint against a relative of the husband or the male partner.
