Case Note & Summary
The petitioner, Akhtar Jafar Bagwan, challenged the order of the Judicial Magistrate First Class, Cantonment Court, Pune, dated 27 March 2017, which directed him to pay interim maintenance of Rs. 5,000 per month to his wife, Respondent No. 1, and Rs. 3,000 per month towards rent, under the Protection of Women from Domestic Violence Act, 2005. The petitioner also challenged the dismissal of his appeal by the Additional Sessions Judge, Pune, on 8 December 2017. The marriage between the petitioner and respondent took place on 29 June 2014 according to Muslim rites. The respondent, a divorcee with a daughter from her first marriage, alleged that the petitioner insisted she leave her daughter in an orphanage and ill-treated her by not providing food, beating her, and stopping payment of rent and livelihood expenses. She filed an application under the DV Act seeking various reliefs. The Trial Court, after hearing both parties, granted interim maintenance. The petitioner appealed, arguing that the respondent was his second wife, she was insisting he divorce his first wife, and she was running a beauty parlour and earning well, while he had no sufficient income. The Sessions Court dismissed the appeal. The High Court, after considering the submissions, found no merit in the petition and dismissed it, upholding the orders of the lower courts. The court noted that the wife is entitled to maintenance even if she is earning, as the husband's obligation to maintain arises from the marital relationship.
Headnote
A) Domestic Violence - Interim Maintenance - Section 20 Protection of Women from Domestic Violence Act, 2005 - Entitlement of Wife - The wife filed an application under the DV Act alleging harassment and non-maintenance. The Trial Court granted interim maintenance of Rs. 5,000 per month to the wife and Rs. 3,000 per month towards rent. The Sessions Court dismissed the husband's appeal. The High Court upheld the orders, holding that the wife is entitled to maintenance even if she is earning, as the husband's obligation to maintain arises from the marital relationship. (Paras 1-5)
Issue of Consideration
Whether the order granting interim maintenance to the wife under the Domestic Violence Act is sustainable when the wife is earning and the husband claims no income.
Final Decision
The High Court dismissed the Criminal Writ Petition, upholding the orders of the Trial Court and Sessions Court granting interim maintenance to the wife.
Law Points
- Interim maintenance under Domestic Violence Act
- Entitlement of earning wife
- Husband's obligation to maintain
- Scope of Section 20 DV Act
