Protection of Women from Domestic Violence Act, 2005
Sections 19 & 20 read with Maintenance and Welfare of Parents and Senior Citizens Act—Alternative accommodation and maintenance—Order passed by Single Judge of the High Court directing appellant/husband to pay first respondent/wife a sum of rupees twenty thousand per month as undertaken before the writ court pending final determination in the interim maintenance proceedings—Letters Patent Appeal—Contention of appellant that his undertaking to make payment of rupees twenty thousand per month was conditional upon first respondent taking premises on rent; and in the absence of first respondent taking an alternative accommodation on rent, the said undertaking does not bind him and, therefore, the Single Judge could not have directed the appellant to continue to pay rupees twenty thousand per month to the first respondent—This fine difference which the appellate seeks to make out in his offer, is without any distinction as the first respondent’s right to residence is a facet of maintenance—Appellant is admittedly not making any payment towards maintenance to the first respondent and direction of payment of rupees twenty thousand per month is an ad-interim measure towards appellant’s liability of maintenance, which even otherwise has been subject to the final order passed by the Mahila Court in the pending application—Direction to appellant to make payment of rupees twenty thousand to first respondent was within the jurisdiction of the writ court as it was seeking to balance the rights of parties under the DV Act and Senior Citizens Act—Appellant having led the writ court and first respondent that he will pay rupees twenty thousand per month cannot resile from the said representation as first respondent has already vacated the subject property—Appellant’s act of paying the monthly school fee of the minor daughter by itself is not sufficient to exonerate him of the liability maintain first respondent and to provide for other additional needs of the minor daughter, who is now a fifteen years old teenager—Obligation of the husband to maintain his wife, even where she is earning some income as well as the obligation of the father to maintain his minor child has been enunciated by the Apex Court in Rajnesh v. Neha, 2021 (2) SCC 324—Appeal dismissed.
[Paras 14 to 27]