In a crisp order passed in January, 2021 the Court of the Metropolitan Magistrate in Kurla awarded interim maintenance of Rs. 25,000/- (Rupees Twenty Five Thousand Only) per month to a destitute wife who had been abandoned by her husband. Advocate Aditya Pratap represented the Complainant Wife who had filed an Application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 with the Kurla Magistrate Court.
Representing his client, Advocate Aditya Pratap had argued for grant of interim maintenance under Section 23 of the Domestic Violence Act of 2005. He submitted his client was facing imminent eviction from the rented matrimonial home on account of non-payment of rent by the respondent husband. Further the younger daughter’s school fees were in arrears on account of the husband’s default. Hence a fit case was established for grant of interim relief under the Act.
After hearing the parties, the Ld. Magistrate awarded interim maintenance of Rs. 25,000/- per month to the Applicant wife. The amount was to be calculated and paid from the date of filing of the application for interim maintenance by the wife.
Factual Submissions by Advocate for the Applicant Wife:
Advocate Pratap commenced his arguments with submissions regarding the factual background of the case. He explained that his client had married her husband in 1995. There were two children from the marriage, a son and a daughter respectively.
He submitted that shortly after the marriage, the husband had commenced inflicting domestic harassment on his wife. Further, he even sold off the matrimonial home, leaving them destitute. Finally, after shifting his wife and two children to a rented apartment, the respondent husband stopped paying the rent and maintaining the family altogether, leaving them destitute and giving his wife no choice other than filing a complaint under Section 12 of the Domestic Violence Act, 2005 seeking justice.
Elaborating further on the acts of domestic violence committed by the respondent husband, Advocate Aditya Pratap stated that the former not only abandoned his wife and children but also eloped with another woman. He did so in the most cunning and deceitful manner in order to escape any financial ramifications resulting from his deplorable conduct.
A key ingredient of this entire deception was the act of selling off the matrimonial home not once but twice in a row. The husband, despite being a wealthy businessman, first sold off the matrimonial home in Bandra for several crores of rupees. Thereafter he purchased a new flat in Chembur where the family resided for some time. That flat too was sold off and the money siphoned off. Finally after deceitfully shifting his wife and children into a rented apartment, the husband abandoned them altogether, committing severe economic abuse and emotional abuse within the meaning of Sections 3 of the Act.
Response of the Husband:
The advocate for the respondent husband denied the allegations of domestic leveled against his client by the wife. He also denied having sold the matrimonial home and receiving any consideration in lieu thereof. He went on to counter-allege the wife of having deserted him and residing separately.
Issues Framed, Reasoning and Findings of the Court:
Having heard the parties, the learned magistrate recognized the existence of a domestic relationship between the parties on account of their marriage. He further observed that the husband had admitted that the Applicant was his legally married wife. The Court also noted that the husband was involved in the business of shipping and was earning an income from the same.
Hence there was a reason to believe that the husband had a sound economic condition and was capable of paying maintenance to his wife. Further the court also noted the admission of the husband that his business was running and accordingly arrived at a finding that he was capable of paying maintenance to his wife.
The court further observed that there was no reason to disbelieve the claim of the applicant wife that she was not in a condition to maintain herself. Regarding the counter-allegations levelled by the husband against his wife, the Court noted that the husband had failed to produce any proof demonstrating his wife’s ability to earn a living or maintain herself. Hence the learned magistrate held that the husband was liable to pay interim maintenance to his wife.
Order of the Court:
The Court partly allowed the application for interim maintenance filed by the applicant wife. It directed the respondent husband to pay a sum of Rs. 25,000/- (Rupees Twenty Five Thousand Only) per month to the wife, starting from the date on which the application was filed.
Conclusion:
The order granting interim maintenance passed by the learned Kurla Magistrate Court once again reinforces the feasibility of the Domestic Violence Act as a potent remedy for any women in distress and suffering from domestic violence and abuse. According to Advocate Aditya Pratap, who represented the applicant wife, an application for interim maintenance under Section 21 of the Act enables the court to take up an aggrieved woman’s plea on a priority basis and hear the same expeditiously. Further the fact that the maintenance was directed to be paid from the date of filing of the application will also ensure that substantial justice is delivered to those who need it.