The Bombay High Court has recently set aside an appellate court’s order that reduced the interim maintenance payable to a wife who is in a vegetative state from ₹1.2 lakhs to ₹25,000 per month.
The court’s decision came after the wife, who was allegedly subjected to domestic violence by her husband, filed an application under the Protection of Women from Domestic Violence Act, claiming maintenance under the law. The trial court initially ordered the husband to pay ₹1.2 lakhs per month as interim maintenance during the proceedings.
However, the sessions court (appellate court) reduced the interim maintenance amount to ₹25,000 per month on appeal, despite rejecting a plea to stay the trial court order. The wife challenged this reduction before the High Court.
Why the High Court Quashed the Order
The High Court found that the appellate court’s order was “completely bereft of any findings or reasoning” for reducing the maintenance amount. The court noted that once the appellate court refused to stay the trial court order, it could not have reduced the maintenance amount without providing any supporting reasons.
The court also criticized the appellate court for reducing the maintenance amount despite finding that the wife needed immediate financial help and that not a single paisa had been deposited by the husband towards interim maintenance.
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The Case Background
The case involves a married couple who had been residing in the UK after their marriage in 2016. The wife suffered domestic violence at the hands of her husband and was eventually brought back to India for treatment and better care. The husband had promised to send ₹1,50,000 per month towards her medical expenses, but failed to do so.
The wife moved an application under the Protection of Women from Domestic Violence Act claiming maintenance under this law. The trial court ordered the husband to pay ₹1,20,000 per month as interim maintenance and ₹1,00,000 per month towards arrears.
Consequences of the High Court’s Decision
The High Court’s decision restores the trial court’s order and requires the husband to pay ₹1.2 lakhs per month as interim maintenance to his wife. The court also directed that the domestic violence case trial be concluded within three weeks from June 18.
Implications for Future Cases
This decision has significant implications for future cases involving domestic violence and maintenance claims. It emphasizes the importance of providing adequate financial support to victims of domestic violence and underscores the need for courts to provide clear and reasoned decisions when dealing with such cases.
Conclusion
In conclusion, the Bombay High Court’s decision highlights the importance of upholding the rights of victims of domestic violence and ensuring that they receive adequate financial support during their legal proceedings. The court’s ruling also underscores the need for courts to provide clear and reasoned decisions when dealing with such cases, and serves as a reminder of the importance of protecting women’s rights in India.