Date of Judgement:
10th May 2019
Coram/judge:
The Hon’ble Justice Mr. A.M. Khanwilkar
The Hon’ble Justice Mr. Ajay Rastogi
Parties to the Case:
Petitioner - Megha Khandelwal
Respondents-Rajat Khandelwal.
Legal Provisions
- Section 12 of Protection of Women from Domestic Violence Act, 2005- lays down procedure for application to Magistrate to seek relief under the Act.
- Section 23 of Protection of Women from Domestic Violence Act, 2005- deals with powers of the trial court to grant interim and ex-parte order in proceedings under the act.
Overview
- Learned trial Court had granted interim maintenance to the petitioner (wife) at Rs.5000/- per month under Section 23 of the Protection of Women from DomesticViolence Act, 2005.
- To this, the petitioner preferred an appeal and Learned appellate Court after hearing both the parties, the amount was enhanced to Rs.9000/- per month. Rs.6500/- per month for petitioner and Rs.2500/- per month for her minor daughter.
- Learned counsel for the petitioner, before the Honourable High Court, contended that the income tax returns of the respondent (husband) of the assessment year 2015-16 & 2016-2017 had not been taken into consideration by the courts while passing the order for maintenance.
Issue
Whether in light of the educational background of the wife and income tax returns of the husband, the interim maintenance awarded and affirmed by subordinate courts be upheld?
Judgement Analysis
- On perusal of the order of lower appellate Court, the High Court found that the returns had been taken into consideration. The wife-petitioner was well educated. Both the subordinate courts had observed that without the recorded evidence by the parties, the conclusion about their income cannot be drawn.
- For the necessity to meet out the day-to-day expenses by the wife, the interim maintenance allowance was granted.
- The Honourable High Court affirmed the order of the subordinate Court and dismissed such petition. The interim maintenance of Rs. 9000 was upheld.
- The Supreme Court,while dismissing the matter, found it appropriate to enhance the interim maintenance amount to Rs.25,000/- per month to be paid to the Petitioner by the respondent till the final decision of the main proceedings
Conclusion
The Apex court considered the documents placed before it and the contentions of both the parties, and held that the impugned order fixing the maintenance of wife under the act, was to be interfered with. Interim maintenance awarded by the subordinate courts was enhanced until the final judgement of the matter was delivered.
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