Maintenance In Domestic Violence Cases

Maintenance in Domestic Violence case is govern by section 20 of the Protection of women from Domestic Violence Act, 2005 which speaks as under:- Section 20. Monetary reliefs :- (1) While disposing of an application under sub sec. (1) of Sec. 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to, - (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under Sec. 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force. (2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed. (3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require. (4) The Magistrate shall send a copy of the order for monetary relief made under sub-sec. (1) to the parties to the application and to the in charge of the police station within the local limits of whose jurisdiction the respondent resides. (5) The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub-sec.(1). 21 (6) Upon the failure on the part of the respondent to make payment in terms of the order under sub-sec. (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the Court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.

 JUDGMENTS ON MAINTENANCE CASES:-

Herein below few judgments are given which may be beneficial while contesting a maintenance case.

1. Rajnesh Vs. Neha & Anr (Crl) Appeal no.730 of 2020 Supreme Court of India (Affidavit of Assets and Liabilities Judgment)

In this very latest judgment the Hon'ble Supreme Court has issued certain guidelines to be implemented in the cases related to the maintenance in all the courts throughout the India with immediate effect. In this case it is also held that the husband is not required to pay maintenance in each of the proceedings/case filed by the wife under different maintenance laws.

2. Mamta Jaiswal Vs. Rajesh Jaiswal, Madhya Pradesh High Court Civil Revision No.1290 of 1999 decided on 24.03.2000.

In this case the Hon'ble High Court of Madhya Pradesh has held that well qualified spouses desirous of remaining idle, not making efforts for purpose of finding out a source of livelihood, have to be discouraged. It is further held that a lady, who is fighting matrimonial litigation filed for Divorce, cannot be permitted to sit idle and to put her burden on the Husband for demanding pendente lite alimony from him during pendency of such matrimonial petition. Section 24 is not mean for creating an army of idle person who would be sitting idle waiting for a "dole" to be awarded by her Husband who has got a grievance against her and who has gone to the court for seeking relief against her. The case may be vice versa also. If a husband well qualified, sufficient enough to earn, sit idle and puts his burden on the wife and wait for a "dole" to be awarded by remaining entangled in litigation. That is also not permissible .The law does not help indolent as well idles so also does not want an army of self made lazy idles. Everyone has to earn for the purpose of maintenance of himself or herself, at least, has to make sincere efforts in that direction. If this criteria is not applied, if this attitude is not adopted, there would be a tendency growing amongst such litigants to prolong such litigation and to milk out the adversary who happens to be a spouse, once dear but for away after an emerging of litigation. If such army is permitted to remain in existence, there would be no sincere efforts of amicable settlements because the lazy spouse would be very happy to fight and frustrate the efforts of amicable settlements because he would be reaping the in nature of pendente lite alimony, and to prefer to be happy in remaining idle and not bothering himself or herself for any activity to support and maintain himself or herself. That cannot be treated to be aim, goal of section 24. It is indirectly against healthiness of the society. It has enacted for needy persons who in spite of sincere efforts are unable to support and maintain themselves and are required to fight out the litigation jeopardizing their hard earned money by toiling working hours.

3. Damanreet Kaur Vs. Indermet Juneja & Anr. 2012 [4] JCC 2375.

In this case it was held that if the wife was working in past and resigned from the employment, she is not entitled for maintenance under Domestic Violence act. The question whether the wife was forced to resign or she has resigned herself is a question to be considered by the court during trial and also the question whether the reason given by her for resigning were satisfactory or not. These are the question to be gone in to during evidence by the ld. Trial Court.

4. Vijay Kumar Vs. Harsh Lata Aggarwal decided on 10.09.2008 in CM (M) ENo.539/2008 by Hon’ble High Court of Delhi.

In this case the Hon'ble High Court of Delhi has held that when Income of both husband and wife are almost similar and both almost equally qualified, there is no justification to grant interim maintenance to the wife.

5. Bhushan Kumar Meen Vs. Mansi Meen SLP (Crl) 7924 of 2008 Supreme Court .

In this case while reducing the maintenance amount from Rs.10000/- to Rs.5000/- granted by the lower court to the wife, the Supreme Court observed that " we cannot also shut our eyes to the fact that at present the respondent wife is not employed or at least there is nothing on record to indicate that she is employed in any gainful work. However having regard to the qualifications that she possesses, there is no reason why she ought not to be in a position to also maintain herself in the future.

6. Omar Abdullah Vs. Payal Abdullah & Ors. 2018 (1) JCC 632.

In this case the Delhi High Court has directed the trial court to decide first the maintainability of the petition filed by the wife under section 125 Cr.P.C. The Court held that Maintainability of the petition under section 125 Cr.P.C and question of award of interim maintenance are inseparable. In Order to award interim maintenance ,the court concerned shall first arrive at a finding that whether the husband neglected or refused to give maintenance to his wife and whether the wife was unable to maintain herself ,then proceed with the case further.

7. Suman Bhasin Vs.Neeraj Bhasin CC No.316/3/2007 Dated 27.05.2015 MM , Saket District Court”

In this case Court came heavily and imposed cost of Rs. one lakh for filing false Domestic Violence case against Husband and in-laws. Court in its judgment has observed that Domestic Violence law has been misused.

8. Tanushree Dahiya Vs. Sachin Dahiya case no.26/2016 decided on 15.01.2019,ADJ Saket District Court N.Delhi

In this case while rejecting the maintenance petition filed by the wife who is well qualified has also observed that Court should not be allowed to be used to extort money, junks woman’s maintenance plea and imposed a cost of Rs. One lac on the woman, saying the proceeding u/s 125 Cr.P.C has filed only to blackmail the Husband.

9. Kusum Bhatia Vs.Sagar Sethi S.L.P.(C) No.16051/2017 Dated 16.09.2019 Supreme Court

Supreme Court has declined to award any maintenance u/s 24 of H.M.A to wife who was working and getting sufficient salary, however it awarded maintenance to the Daughter.