Protection of Women from Domestic Violence Act, 2005
Section 23—Grant of interim maintenance and additional amount as rent in lieu of alternative accommodation—Revision—Any woman who prima facie show that she has suffered domestic violence at the hands of her spouse/partner, is entitled for interim relief—Courts below have explicitly recorded that prima facie it appears from the complaint that respondent was subjected to domestic violence—Unlike Section 125 of the CrPC, maintenance under the DV Act is not tethered on the inability of the wife/victim to maintain herself—Moreover, prima facie, in the absence of cogent proof of second respondent being gainfully employed or earning a sufficient income to maintain herself, the bald allegation that second respondent is earning through private tuitions, without any documentary proof, does not disentitle her from getting an award of interim maintenance—Possibility of first petitioner undermining his income to avoid paying maintenance of an appropriate amount to the respondent cannot be ruled out at this stage—Courts in such circumstances are permitted to make some guess work and arrive at a figure that a party may reasonably be earning—For the said purpose, status and lifestyle of the parties can be considered—Courts below have taken into account the income of first petitioner dipped around the time of filing of the complaint and thus guessed his income on the basis of the partnership business and other factors, like the car he is driving—Defences raised by the petitioner, along with the allegations and counter allegations, would be the subject matter of the trial, and would have to be decided after parties have led their evidence—Petition dismissed.
[Para 18, 20, 23, 25 & 30]
Practice and Procedure
Litigants cannot be allowed to take the courts for granted—Courts are not expected to keep cases pending at end for litigants who are not diligent to pursue the proceedings instituted by them.
[Para 28]