Bhoiwada Magistrate Court orders Rs. 40,000/- per month Interim Maintenance to Newly Married Woman under the Domestic Violence Act of 2005 – Advocate Aditya Pratap represented the Wife

The court of the learned Metropolitan Magistrate Bhoiwada ordered the husband of the newly married woman to pay Rs. 40,000/- per month to her by the way of interim maintenance under Section 23 of the Protection of Women from Domestic Violence Act, 2005. The order of interim maintenance was passed keeping in mind the acute financial needs of the wife. Advocate Aditya Pratap represented the applicant wife in the case.

Fact of the case:

Appearing before the Magistrate court, Advocate Aditya Pratap submitted that his client had married her husband in an arranged marriage as per Hindu Vedic Rites and rituals. After marriage, the husband and wife proceeded to reside in the matrimonial home along with her in- laws.

Elaborating on the specifics of the allegations disclosing domestic violence, Advocate Aditya Pratap submitted that his client had suffered wanton acts of physical, mental, emotional and economic cruelty at the hands of her husband and in-laws. The nature of the allegations of domestic violence included:

1) Misappropriating the stridhan of the complainant wife.

2) Using abusive language against the complainant wife.

3)  Indulging in extra marital relationship with numerous women even after marriage.

4) Indulging in substance abuse inside the matrimonial home.

5) Failure of husband the wife.

Based on the above arguments Advocate Aditya Pratap submitted that his client had made out a firm prima facie case for grant of interim maintenance under Section 23 of the Domestic Violence Act of 2005.

Respondent Husband opposes wife’s claim for Interim Maintenance:

The respondent husband opposed the wife’s prayer for interim maintenance. He claimed that his wife was a qualified graduate who was self-earning and       running a sound business. He also claimed financial inability to meet the wifes’s claim for interim compensation,

The Respondent husband’s arguments were strongly rebutted by Advocate Aditya Pratap who contended that factually, his client’s personal income was non-existent Furthermore it was established law that merely because the wife is educationally qualified is no ground to deny her interim maintenance.

Observations and Reasoning by the Court:

Having heard both sides, the Learned Magistrate observed that from pleadings of the case a prima facie case of domestic violence was made out by the applicant wife. He further observed that the applicant wife was in dire financial straits and was in acute need of maintenance.

Referring to landmark judgements of the Supreme Courts, the learned Magistrate held that the husband is duty bound to maintain his wife at par with which she was accustomed while cohabiting with him.

The Judge also noted that given the strained relationship between the couple it would be inappropriate to direct them to cohabit. In view of this it was also necessary to pass residence orders under section 19 of the Domestic Violence Act to secure for the wife a roof over her head.

The Final Order: Rs 40,000/- per month interim maintenance awarded to the wife interim protection also awarded:

Passing its final order, the Court accepted submissions advanced by Advocate Aditya Pratap for the applicant wife. The learned Magistrate passed orders granting Rs. 35,000/- per month interim maintenance to the complainant wife an addition a sum of Rs. 5,000/- per month was awarded towards house rent, for a total of Rs. 40,000/- per month. The judge took into account the respective financial statements filed by the parties, their respective educational qualifications, the cost-of-living index and the standard of living enjoyed by the respondent Husband. In addition, it also passed interim order under section 18 restraining the respondent husband and the in-laws from committing domestic violence against the applicant wife.