Protection of Women from Domestic Violence Act, 2005
Sections 12 & 23—Grant of interim maintenance—Revision—Husband was directed to pay rupees twenty thousand per month to the wife in lieu of alternative accommodation—Husband filed an application under Section 25(2) of the Domestic Violence Act asserting that wife was no longer entitled to any rent as she herself was a government servant and was getting rent allowance as part of the salary and she has purchased a luxurious house with her mother, where she has been residing—Opinion of the ASJ that once the wife was held entitled to rent vide earlier order which was confirmed by the ASJ and not successfully challenged further by the husband, he cannot seek modification of the said order—Erroneous—ASJ has permitted the amount of rupees twenty thousand per month being paid towards rent, to be adjusted for monthly EMIs by the wife—Rent cannot be equated with EMI which is fundamentally distinct—No inquiry has been conducted into the financial capacity and economic status of both the parties, before upholding the order of payment of rupees twenty thousand per month towards the rent—Once a flat has been acquired by the wife, there remains no justification to direct continuation of payment of rupees twenty thousand by the husband—Very substratum upon which the maintenance was granted, has ceased to exist with the acquisition of the property—To permit the continuation of such payment, would be allow the wife undue benefit, which is contrary to the purpose of interim relief under the Domestic Violence Act—Impugned order set aside—Petition allowed. [Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438 read with Section 442]
[Paras 25 to 33]