Coram: Hon'ble Mr Justice Sanjeev Sachdeva
Brief Facts
The petitioner filed a petition under the Protection of Women from Domestic Violence Act, 2005 against her husband alleging that she was turned out of the matrimonial home on account of the failure of bringing enough dowry. The trial court, prima facie assessed the husband’s income at Rs 30,000 per month and awarded interim maintenance of Rs 10,000 per month to the petitioner and her daughter. The petitioner sought enhancement of the amount but the appellate court dismissed her appeal.
The petitioner contended that the court erred in not considering the fact that the husband had several businesses and he misled the court by not disclosing his correct income.
Judgment
The High Court, after perusing the record, held that the appellate court erred in placing the burden of proof on the petitioner and erred in holding that she has not placed the details of the contract with regard to the business of the husband. The listings placed on various websites, prima facie showed a turn over of Rs 50 lakhs to Rs 1 crore per annum. In view of the matter, the Court enhanced the amount of interim maintenance from Rs 10,000 to Rs 30,000 per month.
