DOMESTIC VIOLENCE: HUSBAND HAS TO PAY MAINTENANCE EVEN IF WIFE IS WELL EDUCATED [READ THE ORDERS]
Domestic Violence:
Husband Has To Pay Maintenance Even If Wife Is Well Educated [Read The Orders]
Supreme Court enhanced substantially
an interim maintenance for wife in a domestic violence case despite the fact
that the wife was well educated.
A bench of Justice Khanwilkar and Justice Rastogi has
passed the order in the case titled as MEGHA KHANDELWAL vs RAJAT KHANDELWAL on
10.05.2019.
Wife filed a domestic violence case. Trial Court awarded her an interim
maintenance of Rs. 5000/- per month. Wife was not satisfied with the same. She
challenged the order before Sessions Court.
Sessions
Court enhanced the maintenance amount to Rs.9000/- per month. Dissatisfied, the
wife approached the High Court challenging the maintenance amount.
In
the High Court, Counsel for the wife made a wrong submission that income tax
return of the husband for certain years were not taken into consideration. High
Court found this submission wrong as the ITRs were taken into consideration.
High Court found that the wife was well educated (having degree in M.Sc.
Biotech and preparing for PHD). High Court also observed that courts below were
of the opinion that without evidence being led in the matter, income could not
be ascertained but for meeting day to day expenses interim maintenance was
granted. High Court then dismissed the petition of the wife.
Dissatisfied
again, the wife this time approached the Supreme Court. It is here that she was
able to get a substantial increase in the interim maintenance.
Supreme
Court held “After having considered the rival submission and taking
into account the relevant documents placed before us, we deem it
appropriate to enhance the interim maintenance amount to Rs.25,000/-
(Twenty Five Thousand) per month to be paid to the Petitioner by the respondent with effect from 01.05.2019 until the final decision in the
main proceedings, which is pending before the concerned Court. The amount
shall be paid on a regular basis on or before 10th of every English calendar
month”.
Supreme Court further ensured early
disposal by saying “The Trial Court shall endeavour to decide all the cases
pending between the parties being FIR No. 255 of 2016, Case No. 208
of 2016, Complaint Case No. 103 of 2016 and Divorce
Petition originally filed in Case No. 30 of 2016, preferably within
six months from today. The parties have undertaken before this Court
to extend full co-operation to the trial Court for early disposal
of the concerned case”.
MANISHANKAR
CEO-ANTI-CORRUPTION AND HUMAN RIGHTS MOVEMENT®-CHENNAI
Email: anticorruption.org2007@gmail.com.
Mobile: 91 9087856137
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